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will not be borne by the Government, except that the Agency may issue round trip invitational travel orders to bring candidates for FSIO appointment to Washington at Government expense when it is determined that it is necessary in ascertaining candidate's qualifications and adaptability for appointment. $ 501.13 Lateral entry appointment of

Foreign Service information officers

to Classes 1 through 6. Appointments of Foreign Service information officers, under the provisions of Public Law 90–494 and section 517 of the Foreign Service Act of 1946, as amended, are governed by this section.

(a) The lateral entry program is a means by which the intake of Foreign Service information officers through the junior Foreign Service information officer examination can be supplemented to meet total requirements for Foreign Service information officers. Lateral entry appointments are made only to Classes 1 through 6, insuring retention of the career principle of entry primarily at Classes 7 and 8 through competitive examination. Additional officers will be added to the Foreign Service Information Officer Corps through lateral entry on the basis of established service need for each class by functional specialty or general manpower requirements.

(b) The great majority of lateral entrants will be drawn from officers of the U.S. Information Agency of proven ability who possess high potential for advancement, or similar personnel of other foreign affairs agencies who may be appointed based on agreements between the Agency and those agencies.

(c) The need for other lateral entrants in Classes 1 through 6 is met by appointing applicants who are officers or former officers of other Federal Government agencies. Principally, these will be persons possessing skills and abilities in short supply in the Agency's Foreign Service appointed to meet rapidly changing requirements. On a limited and highly selective basis, however, other persons may be appointed who have demonstrated outstanding qualities of leadership and who possess capabilities, insights, techniques, experiences, and differences of outlook which would serve to enrich and stimulate the Agency's Foreign Service and enable them to perform effectively in assignments both abroad and in the Agency.

PART 502-WORLD-WIDE FREE FLOW

(EXPORT-IMPORT) OF AUDIO

VISUAL MATERIALS Sec. 502.1 Summary; general. 502.2 Implementing statute and Executive

Order. 502.3 Procedures. 502.4 Consultation of experts. 502.5 Review and appeal. 502.6 Substantive criteria. 502.7 History and background. 502.8 Miscellaneous; coordination with U.S.

Customs Bureau. AUTHORITY: The provisions of this Part 502 are issued under 5 U.S.C. 301, 19 U.S.C. 2051, 2052, 22 U.S.C. 1431 et seq., E.O. 11311; 3 CFR, 1966 Comp.

SOURCE: The provisions of this Part 502 appear at 32 F.R. 10352, July 14, 1967, unless otherwise noted. § 502.1 Summary; general.

(a) The “Audio-Visual Agreement” (short title), also known as the “Beirut Agreement of 1948”, is a multi-nation treaty with the formal title, “Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character”. United States acceptance of this treaty was proclaimed by President Johnson and deposited with the United Nations on October 14, 1966, and formal operations by the United States under the Agreement commenced January 12, 1967. Initial implementation of the treaty by the United States was effected by Public Law 89-634 of October 8, 1966, and Executive Order 11311 of October 14, 1966, and it is further implemented by these regulations. The U.S. Information Agency has been designated by the President to carry out the Agreement for the United States. Export certification, import certificate authentication, rulings, and information, respecting the Agreement may be obtained from the International Communications Media Staff (IMV/C), U.S. Information Agency, Washington, D.C. 20547.

(b) This treaty facilitates the free flow of educational audio-visual materials between nations, by eliminating import duties, import licenses, special taxes, quantitative restrictions and other restraints and costs, by shipment under an international certificate. Each goyernment may issue such certificates as to materials for which basic ownership is in

117 U.S.T. 1578 (T.I.A.S. 6116).

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 protcusefulness (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 for prescribe regulations imposing restrictions

import of materials. on the entry of such foreign articles to insure that they will be exhibited or used only

(b) Imports: Educational/inforfor 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 i 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 headnote 1 to schedule 8, part 6 of the Tariff

by the U.S. Information Agency as to the 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

cf the determination, and be provided with an authenticating document for presentation with the related Customs documentation at the Port of Entry, for duty-free clearance under Item 870.30.

(e) If for any reason the U.S. Information Agency is unable to accept and authenticate a foreign certificate, the Applicant will be promptly so notified, together with either (1) request for additional information or (2) the reasons why the certificate cannot be accepted. Qualification or non-qualification of material for entry under Tariff Item 870.30 does not affect its eligibility for entry under other laws of the United States.

(f) Exports: U.S. educational/informational audio-visual materials, identified in the Substantive Criteria of these Regulations, may, if eligible as provided herein, be certified by the U.S. Information Agency as being “of international educational character,” and thus entitled to special import privileges such as duty-free entry abroad in “Beirut countries' (see § 502.7 on history and background, for a list of the countries where there is formal and informal participation under the Beirut Agreement).

(g) For general information and application forms, Applicants should write to: International Communications Media Staff

(IMV/C), U.S. Information Agency, Wash

ington, D.C. 20547. Applicants seeking certification of materials, should send to the same office, the following:

(1) A completed Application for each subject or series to be certified.

(2) A notarized document evidencing Applicant's basic ownership or right in the materials.

(3) A description of the content of the material (where appropriate and feasible attachments should be included, such as narrations, captions, advertising leaflets, catalogs, etc.; indicate clearly if these attachments are to be returned to the Applicant).

(4) Copies or examples of the materials, if feasible; same to be transmitted prepaid, and will be returned promptly (the question can be discussed with the Agency preliminary if transmittal seems infeasible due to bulk, fragility or large quantities, or because excessive cost would be involved; one item may serve as an example of a series, or the Agency

may have reviewed the material previously in another context).

(h) It is anticipated that action of the Agency on a certification request will usually take about 2 weeks. If a longer interval is expected, the Agency will send the Applicant an interim acknowledgment indicating the action time estimated.

(i) Upon certification, the Applicant will receive the original Certificate and four signed copies. The Applicant should retain the original, so that he may reproduce it by photocopying, to service his future needs in connection with subsequent shipments of identical copies of the same material. A copy of the Certificate should accompany each shipment ab but further instructions may be available from the foreign importer.

(j) If for any reason the Agency is unable to certify the materials, the Applicant will be promptly so notified, together with either (1) a request for additional information or (2) the reasons why the certificate cannot be issued. Qualification or non-qualification of material under the Beirut Agreement does not affect the right of export, nor the right of foreign import under other laws. § 502.4

Consultation of experts. (a) The Chief Attestation Officer of the United States (International Communications Media Staff, U.S.I.A.IMV/C) and the Attestation Officers under his supervision will routinely and continuously receive Agency policy and legal guidance, and protests of Applicants will be reviewed by the Review Board and by the Agency's Director as provided below. The Chief Attestation Officer and his staff will regularly consult experts throughout the Agency and throughout the Government whenever the examination of materials (for certification or authentication) indicates the desirability of substantive expertise in making a fair evaluation. Whenever appropriate, and whenever requested by an Applicant, experts who have been consulted will be available for discussions with the Applicant.

(b) In addition to such ad hoc consultation of experts, a regular group of advisors exists as a standing committee to advise this program, both as to broad policy and to evaluate specific materials; this is the Interdepartmental Committee on Visual and Auditory Materials for Distribution Abroad, and its Attestation Subcommittee. The Committee is com

50_045 071-24

363

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 Office 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

originated shall be taken to mean, or [32 F.R. 10352, July 14, 1967, as amended at 33 F.R. 15547, Oct. 19, 1968]

shall include, the country of “basic own

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 educa

tional character: Review Board for the International Audio

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

of a subject or aspect of a subject, or when supported by such data and arguments

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

pose of which is to inform concerning timely current events (newsreels, newscasts, other forms of "spot news”).

(3) The Agency does not certify or authenticate materials which by special pleading attempt generally to influence opinion, conviction or policy (religious, economic, or political propaganda), to espouse a cause, or conversely, when they seem to attack a particular persuasion. Visual and auditory materials intended for use only in denominational programs or other restricted organizational use in moral or religious education and which otherwise meet the criteria set forth under paragraph (a) of this section and subparagraph (5) of this paragraph, may be determined eligible for certification in the judgment of the Agency.

(4) Audiovisual material intended for personnel training or commodity servicing is usually eligible even though it is clearly keyed to a particular organization or product. However, the Agency does not certify or authenticate materials the purpose or effect of which is to stimulate the use of a special process or products to advertise a particular organization or individual, or to raise funds. The Agency considers that an incidental appeal of this sort does not invalidate the educational character of material, such as when the appeal is for service or help in noncompetitive, voluntary cooperative participation in public services and does not involve contributions of money or marketable commodities. Normal credits or mention of a sponsor or product are usually deemed “incidental” in this sense; the degree and purpose of advertising may be considered in this connection. In no event, however, will materials be considered eligible which make categorical claims of exclusivity.

(5) The Agency does not regard as augmenting international understanding or good will and cannot certify or authenticate any material which may lend itself to misinterpretation, or misrepresentation of the United States or other countries, their peoples or institutions, or which appear to have as their purpose or effect to attack or discredit economic, religious, or political views or practices.

(6) The Agency does not certify or authenticate any materials which have not in fact already been produced at the time of application.

(c) Classes of material:

(1) Motion picture films, filmstrips and microfilm in exposed and developed negative form, or in positive form, viz., masters or prints; teletranscriptions; kinescopes; videotape, and prints therefrom.

(2) Electronic sound recordings and sound/picture recordings of all types and forms; pressings and transfers of same.

(3) Photographs, transparencies and slides; models, static and moving; charts, globes, maps and posters.

(4) Recorded music may be considered, the Agency recognizing that certain music recordings have as their primary purpose or effect “to instruct or inform” and do otherwise conform to the above requirements. In considering recorded music for which certification or authentication is requested, the Agency may be guided by evidence in the recordings or in collateral submitted material, such as teaching guides, etc., which support the educational or informational purpose or effect of the recordings.

(5) When images and sounds are carried on film, transparencies, tape, records, and the like, the latter are known to the U.S. audiovisual industry as "software” and are eligible hereunder. Conversely, the projectors, tape-machines, record players, etc. by which the audio/ visual impulses are brought to the audience, are known as “hardware"; hardware is not eligible.

(6) When properly differentiated from toys and games (see subparagraph (7) of this paragraph) there can be no doubt as to the eligibility of a variety of teaching aids which fall generally in the broad designation of “charts”. These items, some of which are described as display cut-outs, flannel-graphs, and the like, may be eligible by themselves and may be found as components in a variety of “kits” (see subparagraph (9) of this paragraph).

(7) Following the practice of the U.S. educational community, the Agency considers, as a matter of definition, that an educational "model" is a simulated object, less than, a mock-up of, or a depiction of, the real item; for these purposes, “realia” are considered the antithesis of “model”, and thus are ineligible. One test is whether the article in question could perform the regular function of the real item (for example, pilot-training planes and driver-training autos qualify as realia and therefore are not certifiable as models). Moreover, such objects or

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