[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR61.3]

[Page 269-270]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 61--WORLD-WIDE FREE FLOW OF AUDIO-VISUAL MATERIALS--Table of Contents
 
Sec. 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).

[[Page 270]]

    (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]