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said country. The material must be pri- ignated as the agency to carry out the promarily educational as to its nature and

visions of the Agreement and related protousefulness (see § 502.6(a) (3)). The term

col, and to make any determinations and to "audio-visual” is defined as embracing

prescribe any regulations required by head

note 1." the categories exemplified by film prints, motion picture film, filmstrips, videotape,

(c) Public Law 89-634 further prosound recordings, sound/picture record

vides: ings, models, charts, posters, maps, "It shall be the duty of the Federal agency globes, slides, and the like.

or agencies so designated to take appropri

ate measures for the carrying out of the § 502.2 Implementing statute and Exec- provisions of the Agreement including the utive Order.

issuance of regulations. (a) Public Law 89–634 (10/8/66)

"SEC. 2. Agencies of the Federal Govern.

ment are authorized to furnish facilities and amends Schedule 8 of the Tariff Sched

personnel for the purpose of assisting the ules of the United States, as follows: agency or agencies designated by the Presi. (1) After the heading to Part 6, insert:

dent in carrying out the provisions of the Part 6 Headnote:

Agreement.” “1, No article shall be exempted from duty § 502.3 Procedures. under item 870.30 unless a Federal agency or agencies designated by the President deter- (a) Applicant: An “Applicant” is (1) mines that such article is visual or auditory the U.S. holder of “basic rights” in matematerial of an educational, scientific, or cul- rials he submits for export certification, tural character within the meaning of the (2) the holder of a foreign certificate or Agreement for Facilitating the International

his exporter or U.S. importer or the Circulation of Visual and Auditory Materials

agent of any of them as to materials proof an Educational, Scientific, and Cultural Character. Whenever the President deter

posed for import to the United States, or mines that there is or may be profit-making

(3) the U.S. consignee of materials proexhibition or use of articles described in item posed for U.S. import under a foreign 870.30 which interferes significantly (or certificate. Any “Applicant” may request threatens to interfere significantly) with do- USIA to certify materials for export or mestic production of similar articles, he may to authenticate a foreign certificate prescribe regulations imposing restrictions

import of materials. on the entry of such foreign articles to in

(b) Imports: Educational/inforsure that they will be exhibited or used only for nonprofitmaking purposes."

mational audio-visual materials, as iden(2) At the end of Part 6, add this new

tified in the Substantive Criteria of the item:

regulations in this part, are permitted “870.30 Developed photographic film, in- duty-free entry into the United States cluding motion-picture film on which pic- upon authentication by the United States tures or sound and pictures have been re

Information Agency of the Certificate of corded; photographic slides; transparencies;

the Government of the country wherein sound recordings; recorded videotape; models; charts; maps; globes; and posters; all of

basic ownership is held, or of the certifithe foregoing which are determined to be

cate of the United Nations Educational, visual or auditory materials in accordance

Scientific and Cultural Organization with headnote 1 of this part

Rates of (UNESCO), attesting the educational/ Duty (1), Free; Rates of Duty (2), Free.”

informational character of such mate(b) Executive Order 11311, “Carrying

rials within the meaning of the “Agreeout Provisions of the Beirut Agreement

ment”, and compliance with applicable of 1948 Relating to Audio-visual Mate

Customs entry procedures (see 19 CFR rials” provides:

10.121).

(c) In order to establish qualification "By virtue of the authority vested in me

for entry into the United States under as President of the United States, including the provisions of the Joint Resolution of

the provisions of Tariff Item 870.30, the October 8, 1966, Public Law 89-634, and sec- Applicant shall forward the foreign certion 301 of Title 3 of the United States Code, tificate directly to: I hereby order and proclaim that, “Pursuant to the 'Agreement for Facili

International Communications Media Staff tating the International Circulation of Vis- (IMV/C), U.S. Information Agency, Washual and Auditory Materials of an Education- ington, D.C. 20547. al, Scientific and Cultural Character', made

(d) Upon affirmative determination at Beirut in 1948, the Joint Resolution, and

by the U.S. Information Agency as to the headnote 1 to schedule 8, part 6 of the Tariff Schedules of the United States, the United qualification of the certified articles for States Information Agency is hereby des- such entry, the Applicant will be advised

as

of the determination, and be provided may have reviewed the material previwith an authenticating document for ously in another context). presentation with the related Customs (h) It is anticipated that action of documentation at the Port of Entry, for the Agency on a certification request will duty-free clearance under Item 870.30. usually take about 2 weeks. If a longer

(e) If for any reason the U.S. In- interval is expected, the Agency will send formation Agency is unable to accept and the Applicant an interim acknowledgauthenticate a foreign certificate, the ment indicating the action time estiApplicant will be promptly so notified, mated. together with either (1) request for (i) Upon certification, the Applicant additional information or (2) the reasons will receive the original Certificate and why the certificate cannot be accepted. four signed copies. The Applicant should Qualification or non-qualification of retain the original, so that he may rematerial for entry under Tariff Item produce it by photocopying, to service 870.30 does not affect its eligibility for his future needs in connection with subentry under other laws of the United sequent shipments of identical copies of States.

the same material. A copy of the Certifi(f) Exports: U.S. educational/infor- cate should accompany each shipment mational audio-visual materials, abroad, but further instructions may be identified in the Substantive Criteria of available from the foreign importer. these Regulations, may, if eligible as (j) If for any reason the Agency is provided herein, be certified by the U.S. unable to certify the materials, the ApInformation Agency as being “of inter- plicant will be promptly so notified, national educational character," and together with either (1) a request for thus entitled to special import privileges additional information or (2) the reasuch as duty-free entry abroad in “Beirut sons why the certificate cannot be issued. countries” (see $ 502.7 on history and Qualification or non-qualification of mabackground, for a list of the countries terial under the Beirut Agreement does where there is formal and informal par- not affect the right of export, nor the ticipation under the Beirut Agreement). right of foreign import under other laws. (g) For general information and ap

§ 502.4

Consultation of experts. plication forms, Applicants should write to:

(a) The Chief Attestation Officer of

the United States (International ComInternational Communications Media Staff

munications Media Staff, U.S.I.A.(IMV/C), U.S. Information Agency, Washington, D.C. 20547.

IMV/C) and the Attestation Officers

under his supervision will routinely and Applicants seeking certification of mate- continuously receive Agency policy and rials, should send to the same office. the legal guidance, and protests of Applifollowing:

cants will be reviewed by the Review (1) A completed Application for each

Board and by the Agency's Director as subject or series to be certified.

provided below. The Chief Attestation (2) A notarized document evidencing

Officer and his staff will regularly consult Applicant's basic ownership or right in experts throughout the Agency and the materials.

throughout the Government whenever (3) A description of the content of the the examination of materials (for certifimaterial (where appropriate and feasible cation or authentication) indicates the attachments should be included, such as desirability of substantive expertise in narrations, captions, advertising leaflets. making a fair evaluation. Whenever apcatalogs, etc.; indicate clearly if these propriate, and whenever requested by an attachments are to be returned to the

Applicant, experts who have been conApplicant).

sulted will be available for discussions

with the Applicant. (4) Copies or examples of the mate

(b) In addition to such ad hoc conrials, if feasible; same to be transmitted

sultation of experts, a regular group of prepaid, and will be returned promptly

advisors exists as a standing committee (the question can be discussed with the

to advise this program, both as to broad Agency preliminary if transmittal

policy and to evaluate specific materials; seems infeasible due to bulk, fragility or this is the Interdepartmental Committee large quantities, or because excessive cost on Visual and Auditory Materials for would be involved; one item may serve Distribution Abroad, and its Attestation as an example of a series, or the Agency Subcommittee. The Committee is com

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posed of members representing the U.S. Designee to do so. In either event, the Information Agency, Department of Director will furnish the Applicant his State, Defense Department (including written decision on the appeal, which Department of the Army, Department shall constitute final administrative acof the Navy, Department of the Air tion on the case. Force, and the Marine Corps), Agricul

§ 502.6 Substantive criteria. ture Department, Department of Health, Education, and Welfare (including U.S. (a) For both exports and imports, the Office of Education and the National In- Agency applies the criteria set forth in stitutes of Health), Department of the “Agreement for Facilitating the InTransportation (including Federal Avia- ternational Circulation of Visual and tion Administration, Federal Highway

Auditory Materials of an Educational, Administration, and the Coast Guard),

Scientific and Cultural Character" Commerce Department (including the (adopted at the Third Session, General National Bureau of Standards and the Conference of UNESCO, Beirut, 1948), Environmental Science Services Admin- viz: istration), Interior Department (includ- (1) Audio-visual materials are those ing Bureau of Mines), Treasury Depart- exemplified by the following types and ment, Post Ofice Department, General forms: developed and/or printed films, Services Administration (including Na- filmstrips and microfilm; sound recordtional Archives and Records Service), ings; slides, models, charts, maps, and Atomic Energy Commission, Veterans posters. They include but are not limited Administration, Library of Congress, Na- to: Motion pictures, videotapes, transtional Aeronautics and Space Adminis- parencies, and combinations of sound/ tration, National Gallery of Art, and the picture and sound/printing. National Science Foundation.

(2) The country wherein the material (32 F.R. 10352, July 14, 1967, as amended at originated shall be taken to mean, or 33 F.R. 15547, Oct. 19, 1968]

shall include, the country of “basic own- 1

ership” of the material. The country of § 502.5 Review and appeal.

basic ownership is not necessarily the (a) A Review Board for import and country of photography or the country export rulings under this Program con- of production, nor does it necessarily sists (within USIA) of three members, mean the country where irrevocable reappointed by the Director, USIA.

production and distribution rights are (b) Any Applicant may ask for formal held; these factors are considered in dereview of any ruling of a USIA Attesta- termining the country of basic ownertion Officer. The request for review must ship. be made in writing and addressed to (3) Audio-visual materials shall be the

deemed to be of international educaReview Board for the International Audio

tional character: Visual Program (IMV/C), U.S. Informa- When their primary purpose or effect is to tion Agency, Washington, D.C. 20547.

instruct or inform through the development supported by such data and arguments

of a subject or aspect of a subject, or when

their content is such as to maintain, increase as he wishes to be considered. If the

or diffuse knowledge and augment internaApplicant wishes the Review Board to tional understanding and good will; screen or examine the materials in ques- When the materials are representative, aution, he should so state and, as to ex- thentic, and accurate; and ports, arrange to furnish such materials When the technical quality is such that to the Review Board. The Review Board

it does not interfere with the use made of

the material. will render the Applicant a written decision, reversing, modifying or affirming (b) Interpretation of criteria: (Though the ruling of the Attestation Officer. neither purposely selective on the one

(c) The Applicant may make written hand nor comprehensive on the other, appeal to the Director, USIA, from any the following relate to some of the probdecision furnished him by the Review lem areas most frequently encountered.) Board, provided his Appeal is received (1) The Agency does not certify or by the Agency within 30 days after his authenticate materials the primary purreceipt of the Review Board decision. pose or effect of which is to amuse or The Director will personally review the entertain. Agency record of the case, or will advise (2) The Agency does not certify or the Applicant that he is appointing a authenticate materials the primary pur

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pose of which is to inform concerning (1) Motion picture films, filmstrips timely current events (newsreels, news- and microfilm in exposed and developed casts, other forms of “spot news”). negative form, or in positive form, viz.,

(3) The Agency does not certify or masters or prints; teletranscriptions; authenticate materials which by special kinescopes; videotape, and prints therepleading attempt generally to infiuence from. opinion, conviction or policy (religious, (2) Electronic sound recordings and economic, or political propaganda), to sound/picture recordings of all types and espouse a cause, or conversely, when they forms; pressings and transfers of same. seem to attack a particular persuasion. (3) Photographs, transparencies and Visual and auditory materials intended slides; models, static and moving; charts, for use only in denominational programs globes, maps and posters. or other restricted organizational use in (4) Recorded music may be considmoral or religious education and which ered, the Agency recognizing that certain otherwise meet the criteria set forth un- music recordings have as their primary der paragraph (a) of this section and purpose or effect “to instruct or inform” subparagraph (5) of this paragraph, may and do otherwise conform to the above be determined eligible for certification requirements. In considering recorded in the judgment of the Agency.

music for which certification or authen(4) Audiovisual material intended for tication is requested, the Agency may be personnel training or commodity servic- guided by evidence in the recordings or ing is usually eligible even though it is in collateral submitted material, such clearly keyed to a particular organiza- as teaching guides, etc., which support tion or product. However, the Agency the educational or informational purpose does not certify or authenticate mate- or effect of the recordings. rials the purpose or effect of which is to (5) When images and sounds are stimulate the use of a special process or carried on film, transparencies, tape, recproducts to advertise a particular or- ords, and the like, the latter are known to ganization or individual, or to raise the U.S. audiovisual industry as "softfunds. The Agency considers that an ware” and are eligible hereunder. Conincidental appeal of this sort does not versely, the projectors, tape-machines, invalidate the educational character of record players, etc. by which the audio/ material, such as when the appeal is for visual impulses are brought to the audiservice or help in noncompetitive, volun- ence, are known as “hardware"; hardtary cooperative participation in public ware is not eligible. services and does not involve contribu- (6) When properly differentiated from tions of money or marketable commod- toys and games (see subparagraph (7) of ities. Normal credits or mention of a this paragraph) there can be no doubt as sponsor or product are usually deemed to the eligibility of a variety of teaching "incidental” in this sense; the degree aids which fall generally in the broad and purpose of advertising may be con- designation of "charts”. These items, sidered in this connection. In no event, some of which are described as display however, will materials be considered cut-outs, flannel-graphs, and the like, eligible which make categorical claims may be eligible by themselves and may be of exclusivity.

found as components in a variety of (5) The Agency does not regard as “kits” (see subparagraph (9) of this augmenting international understanding

paragraph). or good will and cannot certify or au- (7) Following the practice of the U.S. thenticate any material which may lend educational community, the Agency conitself to misinterpretation, or misrepre- siders, as a matter of definition, that an sentation of the United States or other educational "model" is a simulated obcountries, their peoples or institutions, ject, less than, a mock-up of, or a depicor which appear to have as their pur- tion of, the real item; for these purposes, pose or effect to attack or discredit eco- “realia” are considered the antithesis nomic, religious, or political views or of "model", and thus are ineligible. One practices.

test is whether the article in question (6) The Agency does not certify or au- could perform the regular function of the thenticate any materials which have not real item (for example, pilot-training in fact already been produced at the time planes and driver-training autos qualify of application.

as realia and therefore are not certifiable (c) Classes of material:

as models). Moreover, such objects or

machines, being designed for or used in the development of manipulative or tactile skills (e.g. aircraft pilot or automobile driver training devices, typewriters adapted for training purposes, etc.) as distinguished from educational and informational material designed primarily for instruction by seeing or hearing, come more properly under the category of “hardware” (see subparagraph (5) of this paragraph). When components of a mock-up are themselves realia, interchangeable with comparable components in the real items, the mock-up article will be certifiable only if the aggregate value of the realia components is a minimal portion of the value of the complete article (the model). Frequently, in order to consider the certification question for a model it will be necessary to do so in the context of its use. This is especially true where there will be home use of toys or games with obvious informational/educational values, as distinguished from models for formal instructional use. Toys and games

are not certifiable even though the technical quality may be very high, as may the cost. Certain sets or objects popularly called "models” (e.g. model airplanes, ships, railways) do not qualify for certification under the terms of the “Agreement” when their principal intended uses are as collectors' items, toys, or decorations. A model, like other classes of material, to be eligible under the “Agreement” must have as its purpose or effect to "instruct or inform through the development of a subject or aspect of a subject”. This element of continuity can readily be found if the model shows a step-by-step development of a concept, system or process, or if the visual representation is accompanied by a sound recording describing the subject illustrated, or in a variety of other ways. In general, the following characteristics will frequently support the qualification of a model for certification under the “Agreement”: when it is a scale or proportional representation of a concept, system, or processes; when it meets professional standards of authenticity and accuracy; when it illustrates through continuity a subject or aspect of a subject; when, being functional or “moving”, it operates with simple batteries, electric outlet, by hand, or otherwise not dependent on a self-contained power unit; when it is accompanied by evidence, such as teaching guides or instructional materials, that

the intended use is informational or educational.

(8) With respect to planetaria, the Agency considers most models of planets, solar systems and the like, intended for classroom display or similar instructional or informational use, to be eligible for certification; planetaria which include projectors, domes, and screens are ineligible for certification.

(9) The Agency is called upon increasingly to consider for certification “kits” of materials intended for instructional or informational purposes. Such kits usually consist of several items of audiovisual materials of the types and forms listed in Article II of the “Agreement,” and may include one or more related items (sometimes hardware) intended for use with the audiovisual materials. It has been found that Governments of some importing countries are willing to admit these kits when certified as visual and auditory materials within the terms of the “Agreement.” Ideally, the kits will be clearly certifiable when: (i) The principal component(s) are audiovisual materials of the types and forms listed in Article II of the “Agreement”; (ii) the collateral components, if any, are necessary to the effective realization of the educational or informational purpose of the kit (but usually are not major cost items); (iii) the collateral components are not projectors, viewers, or similar hardware equipment; and (iv) when it is recited that such certificates may cover the entire kit, or the audiovisual components of the kit separately, but not the collateral component materials separately.

(d) Application of criteria:

(1) The Agency has, as its general approach to certification and authentication, the desire to facilitate, in so far as appropriate, the international circulation of visual and auditory materials. However, the Agency in appraising materials submitted will consider their purpose or effect in relation to their intended educational level, and will exercise its judgment in determining whether the content of the material is of sufficient substance to maintain, increase or diffuse knowledge of the subject it covers, at the intended educational level.

(2) The Agency will avoid the certification or authentication of classes of materials which it believes participating countries would be unwilling to admit free of duty under the terms of the Agreement.

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