Title 22—Foreign Relations--Volume 1
PART 61—WORLD-WIDE FREE FLOW OF AUDIO-VISUAL MATERIALS
§ 61.1   Purpose.
The Department of State administers the “Beirut Agreement of 1948”, a multinational treaty formally known as the Agreement for Facilitating the International Circulation of Visual and Auditory Material of an Educational, Scientific and Cultural Character. This Agreement facilitates the free flow of educational, scientific and cultural audio-visual materials between nations by providing favorable import treatment through the elimination or reduction of import duties, licenses, taxes, or restrictions. The United States and other participating governments facilitate this favorable import treatment through the issuance or authentication of a certificate that the audio-visual material for which favorable treatment is sought conforms with criteria set forth in the Agreement.
§ 61.2   Definitions.
Department —means the Department of State.
Applicant— means: (1) The United States holder of the “basic rights” in the material submitted for export certification; or (2) the holder of a foreign certificate seeking import authentication.
Application form —means the Application for Certificate of International Educational Character (Form IAP-17) which is required for requesting Department certification of United States produced audio-visual materials under the provisions of the Beirut Agreement.
Attestation Officer —means the Chief Attestation Officer of the United States and any member of his or her staff with authority to issue Certificates or Importation Documents.
Audio-visual materials —means: (1) Films, filmstrips and microfilm in exposed and developed negative form, or in positive form, viz., masters or prints, teletranscriptions, kinescopes, videotape; (2) electronic sound recordings and sound/picture recordings of all types and forms or pressings and transfers thereform; (3) slides and transparencies; moving and static models, wallcharts, globes, maps and posters.
Authentication —means the process through which an applicant obtains a United States Importation Document for Audio-visual Materials (Form IA-862).
Basic rights —means the world-wide non-restrictive ownership rights in audio-visual materials from which the assignment of subsidiary rights (such as language versions, television, limited distribution, reproduction, etc.) are derived.
Beirut Agreement —means the “Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, or Cultural Character.”
Certificate —means a document attesting that the named material complies with the standards set forth in Article I of the Beirut Agreement issued by: (1) The appropriate government agency of the State wherein the material to which the certificate relates originated, or (2) by the United Nations Educational, Scientific or Cultural Organization.
Certification —means the process of obtaining a certificate attesting that audio-visual materials of United States origin being exported from the United States comply with the standards set forth in Article I of the Beirut Agreement, as interpreted pursuant to Section 207 of Public Law 101-138.
Collateral instructional material —means a teacher's manual, study guide, or similar instructional material prepared or reviewed by a bona fide subject matter specialist. Such material must delineate the informational or instructional objectives of the audio-visual material and illustrate or explain how to utilize such material to attain the stated objectives.
Committee on attestation —means the committee which advises the Attestation Officer on matters of policy and the evaluation of specific materials.
Exports —means educational, scientific, and cultural audio-visual material of United States origin, being sent from the United States.
Importation document —means the United States Importation Document for Audio-visual Materials (Form IA-862) issued by the Chief Attestation Officer of the United States which attests that materials of foreign origin entering the United States comply with the standards set forth in Article I of the Beirut Agreement (as interpreted pursuant to section 207 of Public Law 101-138) and is therefore entitled to duty-free entry into the United States pursuant to the provisions of United States Customs Bureau Harmonized Tariff System Item No. 9817.00.4000.
Imports —means educational, scientific, and cultural audio-visual material of foreign origin being brought into the United States.
Instruct or inform —means to teach, train or impart knowledge through the development of a subject or aspect of a subject to aid the viewer or listener in a learning process. The instructional or informational character of audio-visual material may be evidenced by the presence of collateral instructional material.
Knowledge —means a body of facts and principles acquired by instruction, study, research, or experience.
Review Board —means the panel appointed by the Secretary of State to review appeals filed by applicants from decisions rendered by an Attestation Officer.
Secretary of State —means the Secretary of State of the State Department.
Serial certification —means certification by the Department of materials produced in series form and which, for time-sensitive reasons, cannot be reviewed prior to production; but samples are provided on application, and the materials are subject to post-certification review.
Subject matter specialist —means an individual who has acquired special skill in or knowledge of a particular subject through professional training or practical experience.
§ 61.3   Certification and authentication criteria.
(a) The Department shall certify or authenticate audio-visual materials submitted for review as educational, scientific and cultural in character and in compliance with the standards set forth in Article I of the Beirut Agreement when: (1) Their primary purpose or effect is to instruct or inform through the development of a subject or aspect of a subject, or when their content is such as to maintain, increase or diffuse knowledge, and augment international understanding and goodwill; and
(2) The materials are representative, authentic, and accurate; and
(3) The technical quality is such that it does not interfere with the use made of the material.
(b) The Department will not certify or authenticate any audio-visual material submitted for review which:
(1) Does not primarily instruct or inform through the development of a subject or aspect of a subject and its content is not such as to maintain, increase or diffuse knowledge.
(2) Contains widespread and gross misstatements of fact.
(3) Is not technically sound.
(4) Has as its primary purpose or effect to amuse or entertain.
(5) Has as its primary purpose or effect to inform concerning timely current events (newsreels, newscasts, or other forms of “spot” news).
(6) Stimulates the use of a special process or product, advertises a particular organization or individual, raises funds, or makes unsubstantiated claims of exclusivity.
(c) In its administration of this section, the Department shall not fail to qualify audio-visual material because:
(1) It advocates a particular position or viewpoint, whether or not it presents or acknowledges opposing viewpoints;
(2) It might lend itself to misinterpretation, or to misrepresentation of the United States or other countries, or their people or institutions;
(3) It is not representative, authentic, or accurate or does not represent the current state of factual knowledge of a subject or aspect of a subject unless the material contains widespread and gross misstatements of fact;
(4) It does not augment international understanding and goodwill, unless its primary purpose or effect is not to instruct or inform through the development of a subject or an aspect of a subject and its content is not such as to maintain, increase, or diffuse knowledge; or
(5) In the opinion of the Department the material is propaganda.
(d) The Department may certify or authenticate materials which have not been produced at the time of application upon an affirmative determination that:
(1) The materials will be issued serially,
(2) Representative samples of the serial material have been provided at the time of application,
(3) Future titles and release dates have been provided to the Department at the time of application,
(4) The applicant has affirmed that:
(i) Future released materials in the series will conform to the substantive criteria for certification delineated at paragraphs (a) through (c) of this section;
(ii) Such materials will be similar to the representative samples provided to the Department on application; and
(iii) The applicant will provide the Department with copies of the items themselves or descriptive materials for post-certification review.
(e) If the Department determines through a post-certification review that the materials do not comply with the substantive criteria for certification delineated at paragraphs (a) through (c) of this section, the applicant will no longer be eligible for serial certifications. Ineligibility for serial certifications will not affect an applicant's eligibility for certification of materials reviewed prior to production.
§ 61.4   Certification procedures—Exports.
(a) Applicants seeking certification of U.S. produced audio-visual materials shall submit to the Department a completed Application Form for each subject or series for which certification is sought. Collateral instructional material, if any, and a copy or example of the material must accompany the Application Form.
(b) Upon an affirmative determination by the Department that the submitted materials satisfy the Certification and Authentication Criteria set forth in § 502.3 of this part, a Certificate shall be issued. A copy of such Certificate must accompany each export shipment of the certified material.
§ 61.5   Authentication procedures—Imports.
(a) Applicants seeking Department authentication of foreign produced audio-visual materials shall submit to the Department a bona fide foreign certificate, a copy or example of the material for which authentication is sought, and related collateral instructional material, if any.
(b) Upon an affirmative determination by the Department that the submitted materials satisfy the Certification and Authentication Criteria set forth in § 502.3 of this part, an Importation Document shall be issued. A copy of such Importation Document must be presented to United States Customs at the port of entry.
§ 61.6   Consultation with subject matter specialists.
(a) The Department may, in its discretion, solicit the opinion of subject matter specialists for the purpose of assisting the Department in its determination of whether materials for which export certification or import authentication is sought contain widespread and gross misstatements of fact.
(b) As necessary, the Department may determine eligibility of material for certification or authentication based in part on the opinions obtained from subject matter specialists and the Committee on Attestation.
§ 61.7   Review and appeal procedures.
(a) An applicant may request a formal review of any adverse ruling rendered by the Attestation Officer. Such request for review must be made in writing and received no more than 30 days from the date of the Attestation Officer's decision.
(b) The request for review must set forth all arguments which the applicant wishes to advance in support of his or her position and any data upon which such argument is based. A copy of the material for which certification or authentication has been denied must accompany the request for review. The request for review should be addressed as follows: Attestation Program Review Board ECA/GCV—Attestation Officer, Department of State, 301 4th Street, SW., Washington, DC 20547.
(c) The Review Board shall render the applicant a written decision, reversing or affirming the ruling of the Attestation Officer, within 30 days from receipt of the request for review. Such decision shall constitute final administrative action.
§ 61.8   Coordination with United States Customs Service.
(a) Nothing in this part shall preclude examination of imported materials pursuant to the Customs laws and regulations of the United States as codified at 19 U.S.C. 1305 and 19 CFR 10.121, or the application of the laws and regulations governing the importation or prohibition against importation of certain materials including seditious or salacious materials as set forth at 19 U.S.C. 1305.
(b) Department authentications of a foreign certificate for entry under HTS Item No. 9817.00.4000 will be reflected by the issuance of an Importation Document. A copy of each Importation Document issued by the Department will be simultaneously furnished the United States Customs Service.
(c) Customs User Fee: Articles delivered by mail, which are eligible for duty-free entry under the regulations in this part are, additionally, not subjected to the standard Customs User Fee normally imposed by the United States Customs Service, provided there has been a timely filing with the appropriate United States Customs Service office of the documentation required by the regulations in this part.
§ 61.9   General information.
General information and application forms may be obtained by writing to the Attestation Office as follows: ECA/GCV—Attestation Officer, Department of State, 301 4th Street, SW., Washington, DC 20547; or calling (202) 475-0221.