AUTHORITY: §§ 502.1 to 502.14 issued under R. S. 161; 5 U. S. C. 22.

SOURCE: §§ 502.1 to 502.14 appear at 18 F. R. 8696, Dec. 24, 1953.

§ 502.1 Background and function of the Attestation program. (a) On August 1, 1953, the Attestation program was transferred from the Department of State to the U. S. Information Agency, in accordance with Reorganization Plan No. 8 (3 CFR, 1953 Supp.)

(b) This program facilitates the circulation abroad of eligible American visual and auditory materials by certification of their international educational character. Certificates issued in consequence of this program are recognized by certain other governments, which accord duty free entry and other privileges to materials covered by them.

(c) Following a policy established in 1938 of assisting in every appropriate way the circulation abroad of American visual and auditory materials, the Department of State in 1942 undertook to certify eligible materials, which had previously suffered a disadvantage abroad for lack of a certification program, and in 1946 established an interdepartmental Committee on Attestation to review material submitted and to recommend eligible materials for certification.

(d) Set forth in §§ 502.3 through 502.7 are the criteria employed by the Committee on Attestation in recommending to the U. S. Information Agency (referred to in this part as the Agency) whether materials submitted may appropriately be certified as of international educational character.

§ 502.2 Functions of the Committee on Attestation. The Committee on Attestation (referred to in this subpart as the Committee) exercises the following responsibilities in regard to facilitating the circulation abroad of American visual and auditory materials:

(a) The review of motion pictures, kinescopes, filmstrips, slides, wall charts, posters, maps, models, and sound recordings upon request of owners of the rights to reproduce such materials.

(b) The evaluation of such materials from the standpoint of their international application and educational purpose and effect.

(c) The formulation with respect to each subject of a position of the U. S. Information Agency consistent with accepted criteria of evaluation.

(d) The attestation of materials by the issuance of a certificate signed by the Attestation Officer.

§ 502.3 Criteria. The Agency acting through the Committee 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):

ARTICLE I. Visual and auditory materials shall be deemed to be of an educational, scientific or cultural character:

(a) 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 main

tain, increase or diffuse knowledge and augment international understanding and good will;

(b) When the materials are representative, authentic, and accurate; and

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

of

criteria.

§ 502.4 Interpretation (a) The Agency does not certify materials the primary purpose or effect of which is to amuse or entertain.

(b) The Agency does not certify materials the primary purpose of which is to inform concerning current events (newsreels, newscasts, other forms of "spot news").

(c) The Agency does not certify materials which by special pleading attempt to influence opinion, conviction or policy (religious, economic, or political propaganda), to inculcate any dogma, to constitute a ritual or denominational service.

(d) The Agency does not certify materials the purpose or effect of which is to stimulate the use of a patented process or product, to advertise a particular organization or individual, or to raise funds. The Agency considers that an incidental appeal does not invalidate the educational character of material when such appeal is for service or help in noncompetitive, voluntary, cooperative participation in public services and does not involve contributions of money or marketable commodities.

(e) The Agency does not regard as augmenting international understanding or good will and cannot attest any material which may be perceived to lend itself to misinterpretation or misrepresentation of the United States or other countries, their peoples or institutions.

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

§ 502.5 Classes of materials. (a) The Committee may be called upon to review the following classes of visual and auditory materials.

(b) Films, filmstrips and microfilm in either negative form, exposed and developed; or positive form, printed and developed; and teletranscriptions and kinescopes.

(c) Sound recordings of all types and forms.

(d) Glass slides; models, static and moving; wall charts, maps and posters.

(e) Recorded music, although not specifically mentioned in the Agreement, may be considered for certification, 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 is requested, the Committee 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.

§ 502.6 Consultation. (a) The Committee in appraising materials submitted will consider their purpose or effect in relation to their intended educational level. When advisable the Committee will seek professional advice from appropriate officers of government or of national organizations with professional competence in the fields concerned.

(b) In determining matters of policy which the Committee believes require examination by a committee or broader composition, or require consultation with a number of national organizations, these matters may be referred to the Interdepartmental Committee on Visual and Auditory Materials for Distribution Abroad, or for advice to the Joint Advisory Review Committee.

(c) The Committee may in its discretion request any officer of the Federal Government to participate in its decisions with respect to submitted material, provided that the material under consideration is within the area of special competence or responsibility of that officer.

§ 502.7 Application of criteria. (a) The Committee has as its general approach to attestation the facilitation, in so far as appropriate, of circulation abroad of American-owned visual and auditory materials. However, the Committee 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.

(b) The Committee will avoid the certification of classes of materials which it believes this country would be unwilling to admit free of duty under the terms of the Agreement for Facilitating the International Circulation of Visual and

Auditory Materials of an Educational, Scientific and Cultural Character.

§ 502.8 Method of requesting certification. Application for certification of the international educational character of visual and auditory material must be made to the Agency by the American owner of the right to reproduce it. Application is made on Forms IAP 1, IAP 2, IAP 3, IAP 4, and DSP 47. A form should be executed for each subject or series it is desired to have considered for certification. As a part of the application, the following should also be submitted.

(a) Notarized document. Notarized document in evidence of applicant's ownership of the right to reproduce the material. One such affidavit may cover all the titles for which application is made at a given time, provided they are mentioned in it.

(b) Description of content of productions. Action will be facilitated if narrations, captions, advertising leaflets, catalogues, etc., are furnished.

(c) Examples of production.

Exam

ples of productions if the Agency has not had the opportunity of seeing the material concerned. Screening print of film, representative selections of slides, filmstrips, recordings, maps, wall charts or posters, should be transmitted carriage prepaid. Such material will be returned promptly.

§ 502.9 Certification not required for exportation of materials from the United States or for importation into other countries. This Agency's attestation of the international educational character of material is not required for its distribution abroad. Lack of a certificate does not prevent any producer from exporting uncertified material as he may see fit. Its certificates may, however, procure for attested materials exemptions from customs duties and some other taxes, when filed in connection with their entry into certain foreign countries, Canada among them.

§ 502.10 Certain governments recognizing certificates or finding them helpful in establishing the educational character of imported materials. (a) The following are among the governments reported as recognizing the certificates outright or finding them helpful in making local determination of the educational character of materials covered: Australia, Bermuda, Canada, Ceylon, Colombia, Costa Rica, Dominican Republic,

Dutch Guiana, Formosa, Gilbraltar, Gold Coast, Guatemala, Israel, Liberia, Malta, New Zealand, Nicaragua, Nigeria, Panama, South Rhodesia, Tunisia, Turkey, Uruguay.

(b) Certain countries also have signed and ratified the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific and Cultural Character which provides for the recognition of certified visual and auditory materials.

(1) This agreement has been ratified by the following countries:

Cambodia, Canada, El Salvador, Iraq, Norway, Pakistan, Philippines, Syria, Yugoslavia.

(2) In addition the following countries have signed but have not yet ratified:

Afghanistan, Brazil, Denmark, Dominican Republic, Ecuador, Greece, Haiti, Iran, Lebanon, Netherlands, United States of America, Uruguay.

(3) One more ratification is required to bring the Agreement into effect among those countries that have ratified.

§ 502.11 Simplified procedure for the duty-free return to a United States exporter of films and filmstrips made in the United States and exported temporarily on a rental or loan basis. Bureau of Customs Circular Letter No. 2859 dated September 8, 1953, outlines a simplified procedure for the return of films made in the United States and not exceeding $250 in value, when returned to the sender in this country through postal channels from loan or rental abroad, and the means by which they may be permitted duty-free entry. The procedure permits the customs clearance of such shipments merely upon the enclosure therewith of customs Form 3311, signed by the United States exporter (who must also be the importer) and including the following statement under "Remarks": "It is requested that all other forms required by section 10.1 of the regulations be waived. These films contain no obscene or immoral matter, nor any matter advocating or urging treason or insurrection against the United States or forcible resistance to any law of the United States, nor any threat to take the life of or inflict bodily harm upon any person in the United States."

§ 502.12 Motion picture and filmstrip catalogue. For circulation abroad, the Agency compiles and publishes a cata

logue entitled United States Educational, Scientific and Cultural Motion Pictures and Filmstrips Suitable and Available for Use Abroad. It is the purpose of this catalogue to facilitate the circulation abroad of available American-made films and filmstrips approved by an advisory board of American visual education specialists, by listing and describing the materials and indicating from whom and on what terms prints may be obtained.

(a) Classes of films and filmstrips to be considered for listing. Educational, scientific and cultural motion pictures and filmstrips, approved by the Board of Advisers, which the owners of the reproduction rights are willing to make available by sale (on receipt of acceptable purchase order from abroad), or on loan or by gift to legitimately interested reputable organizations abroad. Films and filmstrips depicting life in other countries are customarily not included.

(b) Submittal of information. Catalogues or lists, or other printed matter, descriptive of available materials should be submitted to the Agency by the owner of reproduction rights. After study of this information and consultation with advisers, forms will be sent to the owners of reproduction rights, requesting any additional data needed concerning films and filmstrips considered to be within the categories of materials which may properly be included in the catalogue. From the information obtained, draft entries will be prepared for approval by the aforesaid owners.

(c) Distribution. Copies of the catalogue are distributed abroad through United States Information Centers and are presented to outstanding educational, scientific and cultural institutions abroad. They are not intended for domestic circulation (within the United States).

(d) Orders and inquiries from abroad. All inquiries about materials listed in the catalogue should be addressed to the owners of the reproduction rights whose names, addresses and conditions of sale loan or gift of materials are given in the catalogue. No correspondence or orders are transmitted through the Agency.

§ 502.13 Explanation of the UNESCO film coupon. Producers and distributors of educational films encountering currency difficulties in arranging for sales

of films, filmstrips and projection equipment abroad, may find assistance in overcoming these difficulties through the UNESCO coupon. The coupon permits institutions and individuals in "soft currency" countries to buy films and filmstrips and related materials for educational, scientific and cultural purposes from suppliers in "hard currency" countries. In the case of the United States, producers may redeem coupons received in payment for their materials at the UNESCO Liaison Office, United Nations Building, New York City, or the UNESCO Coupon Office, 19 Avenue Kleber, Paris. UNESCO redeems the full amount of the coupons in U. S. dollars, less five percent for handling charges with the approval of the distributors. Folders describing the UNESCO coupon are available.

§ 502.14 Inquiries. Requests for application forms and further information about facilitating the circulation abroad of American visual and auditory materials by the means outlined above, may be obtained from:

U. S. Information Agency, attention: (COA-REV), Washington 25, D. C.

511.3 Time limit for submission of additional data.

AUTHORITY: §§ 511.1 to 511.3 issued under R. S. 161; 5 U. S. C. 22.

SOURCE: §§ 511.1 to 511.3 appear at 20 F. R. 5914, Aug. 16, 1955, except as otherwise noted.

§ 511.1 General. This part concerns claims arising in the continental United States, its territories and possessions, which are filed pursuant to the Federal Tort Claims Act (28 U. S. C. 2671 et seq).

§ 511.2 Time limit for filing. Claimants must file with the Agency a written demand for payment within 24 months after the right of claim accrues. [20 F. R. 7215, Sept. 28, 1955]

§ 511.3 Time limit for submission of additional data. Claimants must make reasonable and substantial compliance within 60 days of any Agency request for additional data, or the completion and submission of required forms.