headnote 1 to schedule 8, part 6 of the Tariff Schedules of the United States, the United States Information Agency is hereby designated as the agency to carry out the provisions of the Agreement and related protocol, and to make any determinations and to prescribe any regulations required by headnote 1."

(c) Public Law 89-634 further provides:

"It shall be the duty of the Federal agency or agencies so designated to take appropriate measures for the carrying out of the provisions of the Agreement including the issuance of regulations.

"SEC. 2. Agencies of the Federal Government are authorized to furnish facilities and personnel for the purpose of assisting the agency or agencies designated by the President in carrying out the provisions of the Agreement."

(a) Applicant: An "Applicant" is (1) the U.S. holder of "basic rights" in materials he submits for export certification, (2) the holder of a foreign certificate or his exporter or U.S. importer or the agent of any of them as to materials proposed for import to the United States, or (3) the U.S. consignee of materials proposed for U.S. import under a foreign certificate. Any "Applicant" may request USIA to certify materials for export or to authenticate a foreign certificate for import of materials.

(b) Imports: Educational / informational audio-visual materials, as identified in the Substantive Criteria of the regulations in this part, are permitted duty-free entry into the United States upon authentication by the United States Information Agency of the Certificate of the Government of the country wherein basic ownership is held, or of the certificate of the United Nations Educational, Scientific and Cultural Organization (UNESCO), attesting the educational/ informational character of such materials within the meaning of the "Agreement", and compliance with applicable Customs entry procedures (see 19 CFR 10.121).

(c) In order to establish qualification for entry into the United States under the provisions of Tariff Item 870.30, the Applicant shall forward the foreign certificate directly to:

International Communications Media Staff (IMV/C), U.S. Information Agency, Washington, D.C. 20547.

(d) Upon affirmative determination by the U.S. Information Agency as to the qualification of the certified articles for such entry, the Applicant will be advised of 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, as 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, Washington, 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 preliminarily 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 abroad, 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 composed of members representing the U.S. Information Agency, Department of State, Defense Department (including Department of the Army, Department of the Navy, Department of the Air Force, and the Marine Corps), Agriculture Department, Department of Health, Education, and Welfare (including U.S. Office of Education and the National Institutes of Health), Department of Transportation (including Federal Aviation Administration, Federal Highway Administration, and the Coast Guard), Commerce Department (including the National Bureau of Standards and the Environmental Science Services Administration), Interior Department (including Bureau of Mines), Treasury Department, Post Office Department, General Services Administration (including National Archives and Records Service), Atomic Energy Commission, Veterans Administration, Library of Congress, National Aeronautics and Space Administration, National Gallery of Art, and the National Science Foundation.

[32 F.R. 10352, July 14, 1967, as amended at 33 F.R. 15547, Oct. 19, 1968]

(a) A Review Board for import and export rulings under this Program consists (within USIA) of three members, appointed by the Director, USIA.

(b) Any Applicant may ask for formal review of any ruling of a USIA Attestation Officer. The request for review must be made in writing and addressed to the

Review Board for the International AudioVisual Program (IMV/C), U.S. Information Agency, Washington, D.C. 20547. supported by such data and arguments as he wishes to be considered. If the Applicant wishes the Review Board to screen or examine the materials in question, he should so state and, as to ex

ports, arrange to furnish such materials to the Review Board. The Review Board will render the Applicant a written decision, reversing, modifying or affirming the ruling of the Attestation Officer.

(c) The Applicant may make written appeal to the Director, USIA, from any decision furnished him by the Review Board, provided his Appeal is received by the Agency within 30 days after his receipt of the Review Board decision. The Director will personally review the Agency record of the case, or will advise the Applicant that he is appointing a Designee to do so. In either event, the Director will furnish the Applicant his written decision on the appeal, which shall constitute final administrative action on the case.

(a) For both exports and imports, the Agency applies the criteria set forth in the "Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific and Cultural Character" (adopted at the Third Session, General Conference of UNESCO, Beirut, 1948), viz:

(1) Audio-visual materials are those exemplified by the following types and forms: developed and/or printed films, filmstrips and microfilm; sound recordings; slides, models, charts, maps, and posters. They include but are not limited to: Motion pictures, videotapes, transparencies, and combinations of sound/ picture and sound/printing.

(2) The country wherein the material originated shall be taken to mean, or shall include, the country of "basic ownership" of the material. The country of basic ownership is not necessarily the country of photography or the country of production, nor does it necessarily mean the country where irrevocable reproduction and distribution rights are held; these factors are considered in determining the country of basic ownership.

(3) Audio-visual materials shall be deemed to be of international educational character:

When 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 good will;

When the materials are representative, authentic, and accurate; and

When the technical quality is such that it does not interfere with the use made of the material.

(b) Interpretation of criteria: (Though neither purposely selective on the one hand nor comprehensive on the other, the following relate to some of the problem areas most frequently encountered.)

(1) The Agency does not certify or authenticate materials the primary purpose or effect of which is to amuse or entertain.

(2) The Agency does not certify or authenticate materials the primary purpose 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 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 illus. trated, or in a variety of other ways. In general, the following characteristics will frequently support the qualification of 1, model for certification under the "Agree. ment": 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.

(e) Assistance without certification: The Agency may, in its discretion, issue a letter or other document to facilitate the shipment to a specific country (or countries) of materials intended for specialized or limited use in an educational, scientific or cultural context, if for any technical reason the material may not be eligible for general certification. The users and nature of the intended use abroad of such material must be clearly established by the Applicant if this assistance "outside the treaty" is to be considered; of course, facilitation of entry comparable to the Beirut standards is not obligatory on the importing nation under this extraordinary procedure.

[32 F.R. 10352, July 14, 1967, as amended at 33 F.R. 15547, Oct. 19, 1968]