PART 61—WORLD-WIDE FREE FLOW OF AUDIO-VISUAL MATERIALS Authority: 5 U.S.C. 301; 19 U.S.C. 2051, 2052; 22 U.S.C. 1431 et seq.; Source: 59 FR 18965, Apr. 21, 1994, unless otherwise noted. Redesignated at 64 FR 54539, Oct. 7, 1999. Editorial Note: Nomenclature changes to part 61 appear at 64 FR 54539, Oct. 7, 1999. § 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 Applicant— Application form Attestation Officer Audio-visual materials viz., Authentication Basic rights Beirut Agreement Certificate Certification Collateral instructional material Committee on attestation Exports Importation document Imports Instruct or inform Knowledge Review Board Secretary of State Serial certification Subject matter specialist [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] § 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 (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. [59 FR 18965, Apr. 21, 1994. Redesignated and amended at 64 FR 54539, Oct. 7, 1999]