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PART 502_CERTAIN MEASURES TO

(c) Following a policy established in FACILITATE THE CIRCULATION

1938 of assisting in every appropriate

way the circulation abroad of American ABROAD OF AMERICAN-MADE

visual and auditory materials, the DeVISUAL AND AUDITORY EDUCA- partment of State in 1942 undertook to TIONAL MATERIALS

certify eligible materials, which had pre

viously suffered a disadvantage abroad Sec.

for lack of a certification program, and 502.1 Background and function of the Attestation program.

in 1946 established an interdepartmental 602.2 Functions of the Committee on At

Committee on Attestation to review matestation.

terial submitted and to recommend eli602.3 Criteria.

gible materials for certification. 502.4 Interpretation of criteria.

(d) Set forth in $ $ 502.3 through 502.7 602.5 Classes of materials.

are the criteria employed by the Com502.6 Consultation.

mittee on Attestation in recommending 502.7 Application of criteria. 502.8 Method of requesting certification.

to the U. 8. Information Agency (re502.9 Certification not required for expor

ferred to in this part as the Agency) tation of materials from the United

whether materials submitted may approStates or for importation into

priately be certified as of international other countries.

educational character. 602.10 Certain governments recognizing certificates or finding them helpful

8 502.2 Functions of the Committee on in establishing the educational

Attestation. character of imported materials.

The Committee on Attestation (re602.11 Simplified procedure for the duty

as

ferred to in this subpart the free return to a United States exporter of films and Almstrips made

Committee) exercises the following in the United States and exported

responsibilities in regard to facilitating temporarily on a rental or loan the circulation abroad of American visbasis.

ual and auditory materials: 602.12 Motion picture and filmstrip cata- (a) The review of motion pictures, logue.

kinescopes, filmstrips, slides, wall charts, 502.18 Explanation of the UNESCO alm

posters, maps, models, and sound recordcoupon. 502.14 Inquiries.

ings upon request of owners of the rights

to reproduce such materials. AUTHORITY: The provisions of this part 502 (b) The evaluation of such materials issued under R.S. 161; 5 U.S.C. 22.

from the standpoint of their internaSOURCE: The provisions of this part 502 tional application and educational purappear at 18 F.R. 8696, Dec. 24, 1953, unless pose and effect. otherwise noted.

(c) The formulation with respect to

each subject of a position of the U. S. § 502.1 Background and function of the Information Agency consistent with acAttestation program.

cepted criteria of evaluation.

(d) The attestation of materials by (a) On August 1, 1953, the Attestation the issuance of a certificate signed by program was transferred from the the Attestation Officer. Department of State to the U.S. Infor

§ 502.3 Criteria. mation Agency, in accordance with Reorganization Plan No. 8 (3 CFR, 1949– The Agency acting through the 1953 Comp.)

Committee applies the criteria set forth (b) This program facilitates the cir- in the Agreement for Facilitating the culation abroad of eligible American vis- International Circulaion of Visual and ual and auditory materials by certifi- Auditory Materials of an Educational, cation of their international educational Scientific and Cultural Character character. Certificates issued in conse- (adopted at the Third Session, General quence of this program are recognized by

Conference of UNESCO, Beirut, 1948): certain other governments, which accord ARTICLE I. Visual and auditory materials duty free entry and other privileges to shall be deemed to be of an educational, materials covered by them.

scientific or cultural character:

(a) When their primary purposo or effect (c) Sound recordings of all types and 18 to Instruct or inform through the develop

forms. ment of a subject or aspect of a subject,

(d) Glass slides; models, static and or when their content is such as to main

moving; wall charts, maps and posters. tain, increase or difuse knowledge and augment International understanding and good

(e) Recorded music, although not will;

specifically mentioned in the Agreement, (b) When the materials are ropresenta

may be considered for certification, the tivo, authentic, and accurate; and

Agency recognizing that certain music (C) When the technical quality is such recordings have as their primary purthat it does not interfere with the use made pose or effect “to instruct or inform" and of the material.

do otherwise conform to the above re8 502.4 Interpretation of criteria.

quirements. In considering recorded

music for which certification is re(a) The Agency does not certify mate

quested, the committee may be guided rials the primary purpose or effect of

by evidence in the recordings or in colwhich is to amuse or entertain.

lateral submitted material, such as (b) The Agency does not certify ma- teaching guides, etc., which support the terials the primary purpose of which is educational or informational purpose or to inform concerning current events effect of the recordings. (newsreels, newscasts, other forms of "spot news").

8 502.6 Consultation. (c) The Agency does not certify ma- (a) The Committee in appraising materials which by special pleading attempt terials submitted will consider their to influence opinion, conviction or policy purpose or effect in relation to their in(religious, economic, or political propa- tended educational level. When adganda), to inculcate any dogma, to con- visable the Committee will seek professtitute a ritual or denominational service. sional advice from appropriate officers

(d) The Agency does not certify ma- of government or of national organizaterials the purpose or effect of which is tions with professional competence in the to stimulate the use of a patented process fields concerned. or product, to advertise a particular or- (b) In determining matters of policy ganization or individual, or to raise which the Committee believes require funds. The Agency considers that an examination by a committee or broader incidental appeal does not invalidate the composition, or require consultation with educational character of material when a number of national organizations, such appeal is for service or help in non- these matters may be referred to the Incompetitive, voluntary, cooperative par- terdepartmental Committee on Visual ticipation in public services and does not and Auditory Materials for Distribution involve contributions of money or mar- Abroad, or for advice to the Joint Adketable commodities.

visory Review Committee. (e) The Agency does not regard as (c) The Committee may in its discreaugmenting international understand- tion request any officer of the Federal ing or good will and cannot attest any Government to participate in its dematerial which may be perceived to lend cisions with respect to submitted maitself to misinterpretation or misrepre- terial, provided that the material under sentation of the United States or other consideration is within the area of specountries, their peoples or institutions. cial competence or responsibility of that

(1) The Agency does not knowingly officer. certify any materials which have not in

8 502.7 Application of criteria. fact already been produced at the time of application.

(a) The Committee has as its general

approach to attestation the facilitation, 8 502.5 Classes of materials.

in so far as appropriate, of circulation (a) The Committee may be called abroad of American-owned visual and upon to review the following classes of

auditory materials. However, the Comvisual and auditory materials.

mittee will exercise its judgment in de(b) Films, filmstrips and microfilm in termining whether the content of the either negative form, exposed and de- material is of sufficient substance to veloped; or positive form, printed and maintain, increase or diffuse knowledge developed; and teletranscriptions and of the subject it covers, at the intended kinescopes.

educational level.

(b) The Committee will avoid the cer- 8 502.10 Certain governments recogniztification of classes of materials which it ing certificates or finding them helpbelieves this country would be unwilling ful in establishing the educational to admit free of duty under the terms of character of imported materials. the Agreement for Facilitating the In- (a) The following are

among the ternational Circulation of Visual and

governments reported as recognizing the Auditory Materials of an Educational,

certificates outright or finding them Scientific and Cultural Character.

helpful in making local determination of

the educational character of materials § 502.8 Method of requesting certification.

covered:

Australia, Bermuda, Canada, Ceylon, CoApplication for certification of the

lombia, Costa Rica, Dominican Republic, international educational character of

Dutch Guiana, Formosa, Gilbraltar, Gold visual and auditory material must be

Coast, Guatemala, Israel, Liberia, Malta, New made to the Agency by the American

Zealand, Nicaragua, Nigeria, Panama, South owner of the right to reproduce it. Ap- Rhodesia, Tunisia Turkey, Uruguay. plication is made on Forms IAP 1, IAP 2,

(b) Certain countries also have signed IAP 3, LAP 4, and DSP 47. A form should

and ratified the Agreement for Facili. be executed for each subject or series it

tating the International Circulation of is desired to have considered for certifi

Visual and Auditory Materials of an cation. As a part of the application, the

Educational, Scientific and Cultural following should also be submitted.

Character which provides for the recog(a) Notarized document. Notarized

nition of certified visual and auditory document in evidence of applicant's materials. ownership of the right to reproduce the

(1) This agreement has been ratified material. One such affidavit may cover

by the following countries: all the titles for which application is made at a given time, provided they are

Cambodia, Canada, El Salvador, Iraq, Normentioned in it.

way, Pakistan, Philippines, Syria, Yugoslavia. (b) Description of content of produc- (2) In addition the following countions. Action will be facilitated if nar- tries have signed but have not yet ratirations, captions, advertising leaflets, fied: catalogues, etc., are furnished.

Afghanistan, Brazil, Denmark, Dominican (c) Examples of production. Exam

Republic, Ecuador, Greece, Haiti, Iran, Lebples of productions if the Agency has not

anon, Netherlands, United States of America, had the opportunity of seeing the mate- Uruguay. rial concerned. Screening print of film,

(3) One more ratification is required representative selections of slides, film

to bring the Agreement into effect among strips, recordings, maps, wall charts or

those countries that have ratified. posters, should be transmitted carriage prepaid. Such material will be returned

§ 502.11 Simplified procedure for the promptly.

duty-free return to a United States $ 502.9 Certification not required for exporter of films and filmstrips made

exportation of materials from the in the United States and exported United States or for importation into temporarily on a rental or loan basis. other countries.

Bureau of Customs Circular Letter No. This Agency's attestation of the 2859 dated September 8, 1953, outlines a international educational character of simplified procedure for the return of material is not required for its distri- films made in the United States and not bution abroad. Lack of a certificate does exceeding $250 in value, when returned not prevent any producer from exporting to the sender in this country through uncertified material as he may see fit. postal channels from loan or rental Its certificates may, however, procure abroad, and the means by which they for attested materials exemptions from may be permitted duty-free entry. The customs duties and some other taxes, procedure permits the customs clearance when filed in connection with their entry of such shipments merely upon the eninto certain foreign countries, Canada closure therewith of customs Form 3311, among them.

signed by the United States exporter

a

film coupon.

(who must also be the importer) and entries will be prepared for approval by including the following statement under the aforesaid owners. “Remarks": "It is requested that all (c) Distribution. Copies of the cataother forms required by section 10.1 of logue are distributed abroad through the regulations be waived. These films United States Information Centers and contain no obscene or immoral matter, are presented to outstanding educanor any matter advocating or urging tional, scientific and cultural institutions treason

or

insurrection against the abroad. They are not intended for doUnited States or forcible resistance to mestic circulation (within the United any law of the United States, nor any

States). threat to take the life of or inflict bodily

(d) Orders and inquiries from abroad. harm upon any person in the United All inquiries about materials listed in States.”

the catalogue should be addressed to the

owners of the reproduction rights whose 8 502.12 Motion picture and filmstrip

names, addresses and conditions of sale catalogue.

loan or gift of materials are given in the

catalogue. No correspondence or orders For circulation abroad, the Agency

are transmitted through the Agency. compiles and publishes catalogue entitled United States Educational, § 502.13 Explanation of the UNESCO Scientific and Cultural Motion Pictures and Filmstrips Suitable and Available for

Producers and distributors of eduUse Abroad. It is the purpose of this cational films encountering currency catalogue to facilitate the circulation

difficulties in arranging for sales of abroad of available American-made films films, filmstrips and projection equipand filmstrips approved by an advisory

ment abroad, may find assistance in board of American visual education spe

overcoming these difficulties through the cialists, by listing and describing the

UNESCO coupon. The coupon permits materials and indicating from whom and

institutions and individuals in "soft on what terms prints may be obtained.

currency" countries to buy films and (a) Classes of films and filmstrips to

filmstrips and related materials for edube considered for listing. Educational, cational, scientific and cultural purposes scientific and cultural motion pictures

from suppliers in “hard currency" and filmstrips, approved by the Board of

countries. In the case of the United Advisers, which the owners of the repro- States, producers may redeem coupons duction rights are willing to make avail- received in payment for their materials able by sale (on receipt of acceptable at the UNESCO Liaison Ofice, United purchase order from abroad), or on loan Nations Building, New York City, or the or by gift to legitimately interested rep- UNESCO Coupon Office, 19 Avenue utable organizations abroad. Films and Kleber, Paris. UNESCO redeems the filmstrips depicting life in other coun- full amount of the coupons in U. S. tries are customarily not included.

dollars, less five percent for handling (b) Submittal of information. Cata- charges with the approval of the dislogues or lists, or other printed matter, tributors. Folders describing the descriptive of available materials should UNESCO coupon are available. be submitted to the Agency by the owner of reproduction rights. After study of

§ 502.14 Inquiries. this information and consultation with Requests for application forms and advisers, forms will be sent to the owners further information about facilitating of reproduction rights, requesting any the circulation abroad of American additional data needed concerning films visual and auditory materials by the and filmstrips considered to be within means outlined above, may be obtained the categories of materials which may from: properly be included in the catalogue. U. 8. Information Agency, attention: From the information obtained, draft (COA-REV), Washington, D.C., 20547.

PART 511-FEDERAL TORT CLAIMS

PROCEDURE Sec. 511.1 General. 511.2 Time limit for filing. 511.3 Time limit for submission of addi.

tional data. AUTHORITY: The provisions of this Part 511 issued under R.S. 161, 72 Stat. 647; 6 U.S.C. 22.

SOURCE: The provisions of this part 511 appear at 20 F.R. 5914, Aug. 16, 1956, unless otherwise noted. § 511.1 General.

This part concerns claims arising in the continental United States, its terri. tories and possessions, which are filed pursuant to the Federal Tort Claims Act (28 U.S.C. 2671 et seq.). 8 511.2 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. 7216, Sept. 28, 1966) § 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.

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