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 materialmeans 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 IA862) 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 101138) and is therefore entitled to dutyfree 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. certifi Serial certification-means cation 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. [59 FR 18965, Apr. 21, 1994, as amended at 60 FR 29989, June 7, 1995. Redesignated at 64 FR 54539, Oct. 7, 1999] $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. [59 FR 18965, Apr. 21, 1994, as amended at 60 FR 29989, June 7, 1995. Redesignated at 64 FR 54539, Oct. 7, 1999] (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 CertifiIcation 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 Doc ument. 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) 4750221. [59 FR 18965, Apr. 21, 1994. Redesignated and amended at 64 FR 54539, Oct. 7, 1999) APPENDIX A TO PART 62-CERTIFICATION OF RESPONSIBLE OFFICERS AND SPONSORS APPENDIX B TO PART 62-EXCHANGE VISITOR PROGRAM SERVICES, EXCHANGE VISITOR PROGRAM APPLICATION APPENDIX C TO PART 62-UPDATE OF INFORMA- APPENDIX D TO PART 62-ANNUAL REPORT- AUTHORITY: U.S.C. 1101(a)(15)(J), 1182, 1184, 1258; 22 U.S.C. 1431-1442, 2451-2460; Foreign Affairs Reform and Restructuring Act of 1998. Pub. L. 105-277, 112 Stat. 2681 et seq.; Reorganization Plan No. 2 of 1977, 3 CFR, 1977 Comp. p. 200; E.O. 12048 of March 27, 1978; 3 CFR. 1978 Comp. p. 168. SOURCE: 58 FR 15196, Mar. 19, 1993, unless otherwise noted. Redesignated at 64 FR 54539, Oct. 7, 1999. EDITORIAL NOTE: Nomenclature changes to part 62 appear at 64 FR 54539, Oct. 7, 1999. Subpart A-General Provisions § 62.1 Purpose. (a) The regulations set forth in this part implement the Mutual Educational and Cultural Exchange Act of 1961 (the "Act"), as amended, Public Law 87-256, 22 U.S.C. 2451, et seq. (1988). The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. Educational and cultural exchanges assist the Department of State in furthering the foreign policy objectives of the United States. These exchanges are defined by section 102 of the Act, 22 U.S.C. 2452, and section 101(a)(15)(J) of the Immigration and Nationality Act, as amended, 8 U.S.C. 1101(a)(15)(J). (b) The Secretary of State of the Department of State facilitates activities specified in the Act, in part, by designating public and private entities to act as sponsors of the Exchange Visitor Program. Sponsors may act independently or with the assistance of third parties. The purpose of the Program is to provide foreign nationals with opportunities to participate in educational and cultural programs in the United States and return home to share their experiences, and to encourage Americans to participate in educational and cultural programs in other countries. Exchange visitors enter the United States on a J visa. The regulations set forth in this subpart are applicable to all sponsors. § 62.2 Definitions. Accompanying spouse and dependents means the alien spouse and minor unmarried children of an exchange visitor who are accompanying or following to join the exchange visitor and who are seeking to enter or have entered the United States temporarily on a J-2 visa or are seeking to acquire or have acquired such status after admission. For the purpose of these regulations, a minor is a person under the age of 21 years old. Accredited educational institution means any publicly or privately operated primary, secondary, or post-secondary institution of learning duly recognized and declared as such by the appropriate authority of the state in which such institution is located; provided, however, that in addition to any state recognition, all post-secondary institutions shall also be accredited by a nationally recognized accrediting agency or association as recognized by the United States Secretary of Education but shall not include any institution whose offered programs are primarily vocational in nature. Act means the Mutual Educational and Cultural Exchange Act of 1961, as amended. Citizen of the United States means: (1) An individual who is a citizen of the United States or one of its territories or possessions, or who has been lawfully admitted for permanent residence, within the meaning of section 101(a)(20) of the Immigration and Nationality Act; or (2) A general or limited partnership created or organized under the laws of the United States, or of any state, the District of Columbia, or a territory or possession of the United States, of which a majority of the partners are citizens of the United States; or (3) A for-profit corporation, association, or other legal entity created or organized under the laws of the United States, or of any state, the District of Columbia, or a territory or possession of the United States, which: (i) Has its principal place of business in the United States, and (ii) Has its shares or voting interests publicly traded on a U.S. stock exchange; or, if its shares or voting interests are not publicly traded on a U.S. stock exchange, it shall nevertheless be deemed to be a citizen of the United States if a majority of its officers, Board of Directors, and its shareholders or holders of voting interests are citizens of the United States; or (4) A non-profit corporation, association, or other legal entity created or organized under the laws of the United States, or any state, the District of Columbia, or territory or possession of the United States; and (i) Which is qualified with the Internal Revenue Service as a tax-exempt organization pursuant to §501(c) of the Internal Revenue Code; and (ii) Which has its principal place of business in the United States; and (iii) In which a majority of its officers and a majority of its Board of Directors or other like body vested with its management are citizens of the United States; or (5) An accredited college, university, or other post-secondary educational in stitution created or organized under the laws of the United States, or of any state, including a county, municipality, or other political subdivision thereof, the District of Columbia, or of a territory or possession of the United States; or (6) An agency of the United States, or of any state or local government, the District of Columbia, or a territory or possession of the United States. Consortium means a not-for-profit corporation or association formed by two or more accredited educational institutions for the purpose of sharing educational resources, conducting research, and/or developing new programs to enrich or expand the opportunities offered by its members. Entities that participate in a consortium are not barred from having a separate exchange visitor program designation of their own. Country of nationality or last legal residence means either the country of which the exchange visitor was a national at the time status as an exchange visitor was acquired or the last foreign country in which the visitor had a legal permanent residence before acquiring status as an exchange visitor. Cross-cultural activity is an activity designed to promote exposure and interchange between exchange visitors and Americans so as to increase their understanding of each other's society, culture, and institutions. Department means the Department of State. Designation means the written authorization given by the Department of State to an exchange visitor program applicant to conduct an exchange visitor program as a sponsor. Employee means an individual who provides services or labor for an employer for wages or other remuneration but does not mean independent contractors, as defined in 8 CFR 274a.1(j). Exchange visitor means a foreign national who has been selected by a sponsor to participate in an exchange visitor program and who is seeking to enter or has entered the United States temporarily on a J-1 visa. The term does not include the visitor's immediate family. |