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Title 19 — Customs Duties

Chapter 9 — Visual and Auditory Materials of Educational, Scientific, and Cultural Character

§ 2051. Implementation of the Agreement; executive designation and duty of Federal agencies

Statutory text

The President of the United States is authorized to designate a Federal agency or agencies which shall be responsible for carrying out the provisions of the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character and a related protocol of signature, opened for signature at Lake Success on (hereinafter in this chapter referred to as the “Agreement”). It shall be the duty of the Federal agency or agencies so designated to take appropriate measures for the carrying out of the provisions of the Agreement including the issuance of regulations. In carrying out this section, such Federal agency or agencies may not consider visual or auditory material to fail to qualify as being of international educational character—

(1)

because it advocates a particular position or viewpoint, whether or not it presents or acknowledges opposing viewpoints;

(2)

because it might lend itself to misinterpretation, or to misrepresentation of the United States or other countries, or their people or institutions;

(3)

because 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)

because 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)

because in the opinion of the agency the material is propaganda.

Such Federal agency or agencies may not label as propaganda any material that receives a certificate of international educational character under this section and the Agreement.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 89–634 § 1 · 80 Stat. 879

    Enacted · 19 U.S.C. § 2051

    Pub. L. 89–634, § 1, Oct. 8, 1966, 80 Stat. 879

    Source evidence

    Code source credit
    Pub. L. 89–634, § 1, Oct. 8, 1966, 80 Stat. 879

    Enacted provision · exact public law section
    (1) Part 6 of schedule 8 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting after the 77A Stat. 427 heading to such part 6 the following: “Part 6 headnote: “1. No article shall be exempted from duty under item 870.30 unless a Federal agency or agencies designated by the President determines that such article is visual or auditory material of an educational, scientific, or cultural character within the meaning of the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character. Whenever the President determines that there is or may be profit-making exhibition or use of articles described in item 870.30 which interferes significantly (or threatens to interfere significantly) with domestic production of similar articles, he may prescribe regulations imposing restrictions on the entry of such foreign articles to insure that they will be exhibited or used only for nonprofit making purposes.”

  2. Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

    Pub. L. 102–138 title II § 207 · 105 Stat. 647

    Inserted · 19 U.S.C. § 2051

    Pub. L. 102–138 inserted provisions at end limiting the authority of a Federal agency or agencies to fail to qualify visual or auditory material as being of international educational character and providing that any material that receives a certificate of international educational character not be labeled as propaganda

    Source evidence

    Code amendment note
    Pub. L. 102–138 inserted provisions at end limiting the authority of a Federal agency or agencies to fail to qualify visual or auditory material as being of international educational character and providing that any material that receives a certificate of international educational character not be labeled as propaganda.

    Enacted provision · exact public law section
    SEC. 207. IMPLEMENTATION OF BEIRUT AGREEMENT. The first section of the joint resolution entitled “Joint resolution to give effect to the Agreement for facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character, approved at Beirut in 1948”, approved October 8, 1966 (19 U.S.C. 2051), is amended by adding at the end the following: “In carrying out this section, such Federal agency or agencies may not consider visual or auditory material to fail to qualify as being of international educational character— “(1) because it advocates a particular position or viewpoint, whether or not it presents or acknowledges opposing viewpoints; “(2) because it might lend itself to misinterpretation, or to misrepresentation of the United States or other countries, or their people or institutions; “(3) because 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) because 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) because in the opinion of the agency the material is propaganda. “Such Federal agency or agencies may not label as propaganda any material that receives a certificate of international educational character under this section and the Agreement.”.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Amendments

1991—Pub. L. 102–138 inserted provisions at end limiting the authority of a Federal agency or agencies to fail to qualify visual or auditory material as being of international educational character and providing that any material that receives a certificate of international educational character not be labeled as propaganda.

Executive Documents

Ex. Ord. No. 11311. Implementation of Beirut Agreement Relating to Audio-Visual Materials

Ex. Ord. No. 11311, , 31 F.R. 13413, provided:

By virtue of the authority vested in me as President of the United States, including the provisions of the Joint Resolution of , Public Law 89–634 [this chapter and amendment to section 1202 of this title], and section 301 of Title 3 of the United States Code, I hereby order and proclaim that—

1. Pursuant to section 3(b) of the Joint Resolution, the amendments to the Tariff Schedules of the United States made by section 3(a) of the Joint Resolution shall apply with respect to articles entered, or withdrawn from warehouse, for consumption, on and after .

2. Pursuant to the “Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific and Cultural Character”, made at Beirut in 1948, the Joint Resolution, and headnote 1 to schedule 8, part 6 of the Tariff Schedules of the United States, the United States Information Agency is hereby designated as the agency to carry out the provisions of the Agreement and related protocol, and to make any determinations and to prescribe any regulations required by headnote 1.

Lyndon B. Johnson.

[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign Relations and Intercourse.]

Credits

1966–1991 · 2 acts
  1. 1966Pub. L. 89–634, § 1, , 80 Stat. 879
  2. 1991Pub. L. 102–138, title II, § 207, , 105 Stat. 693.
Show as published

(Pub. L. 89–634, § 1, , 80 Stat. 879; Pub. L. 102–138, title II, § 207, , 105 Stat. 693.)

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USLM identifier /us/usc/t19/s2051