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applicant may also examine or cross- sion and invoking its action ordinarily examine witnesses.

will be as set forth in this section. (g) The Commission may require fur- (b) Where both Governments have ther evidence to be given and may re- agreed to refer such a question or matter quire printed briefs to be submitted at to the Commission, each Government or subsequent to the hearing.

will present to the Commission, at the (h) The Commissioners shall be free permanent office in its country, a referto determine the probative value of the ence in similar or identical terms setting evidence submitted to it.

forth as fully as may be necessary for (i) A verbatim transcript of the pro- the information of the Commission the ceedings at the hearing shall be prepared. question or matter which it is to exam

(j) The hearing of the application, ine into and report upon and any rewhen once begun, shall proceed at the strictions or exceptions which may be times and places determined by the imposed upon the Commission with reChairmen of the two sections to ensure spect thereto. the greatest practicable continuity and (c) Where one of the Governments, dispatch of proceedings.

on its own initiative, has decided to $ 401.24 Expenses of proceedings.

refer such a question or matter to the

Commission, it will present a reference (a) The expenses of those participat- to the Commission at the permanent ing in any proceeding under this Subpart office in its country. All such references B shall be borne by the participants. should conform, as to their contents, to

(b) The Commission, after due notice the requirements of paragraph (b) of to the participant or participants con- this section. cerned, may require that any unusual (d) Such drawings, plans of survey cost or expense to the Commission shall and maps as may be necessary to illusbe paid by the person on whose behalf strate clearly the question or matter or at whose request such unusual cost or referred should accompany the referexpense has been or will be incurred.

ence when it is presented to the Com§ 401.25 Government brief regarding

mission. navigable waters.

§ 401.27 Notice and publication. When in the opinion of the Commission it is desirable that a decision should

(a) The secretary to whom a refer

ence is presented shall receive and file be rendered which affects navigable

the same and shall send a copy forthwaters in a manner or to an extent dif

with to the other secretary for filing in ferent from that contemplated by the

the office of the latter. If the reference application and plans presented to the

is presented by one Government only, Commission, the Commission will, be

the other secretary shall send a copy fore making a final decision, submit to

forthwith to his Government. the Government presenting or trans

(b) Subject to any restrictions or exmitting the application a draft of the

ceptions which may be imposed upon decision, and such Government may

the Commission by the terms of the transmit to the Commission a brief or

reference, and unless otherwise provided memorandum thereon which will receive

by the Commission, the secretaries, as due consideration by the Commission

soon as practicable after the reference before its decision is made final.

is received, shall cause a notice to be pubSubpart C-References

lished in the Canada Gazette, the FED

ERAL REGISTER and in two newspapers, § 401.26 Presentation to Commission.

published one in each country and cir(a) Where a question or matter of dif- culated in or near the localities which, ference arising between the two Govern- in the opinion of the Commission, are ments involving the rights, obligations, most likely to be interested in the subject or interests of either in relation to the matter of the reference. The notice shall other or to the inhabitants of the other describe the subject matter of the refalong the common frontier between the erence in general terms, invite interested United States of America and Canada persons to inform the Commission of is to be referred to the Commission the nature of their interest and state under Article IX of the Treaty, the that the Commission will provide conmethod of bringing such question or venient opportunity for interested permatter to the attention of the Commis- sons to be heard with respect thereto.

§ 401.28 Advisory boards.

ISTER and once each week for three suc

cessive weeks in two newspapers, pub(a) The Commission may appoint a

lished one in each country and circuboard or boards, composed of qualified

lated in or near the localities which, in persons, to conduct on its behalf inves

the opinion of the Commission, are most tigations and studies that may be neces- likely to be interested in the subject sary or desirable and to report to the

matter of the reference. Commission regarding any questions or (d) All hearings shall be open to the matters involved in the subject matter

public, unless otherwise determined by of the reference.

the Commission. (b) Such board ordinarily will have (e) At a hearing, the Governments and an equal number of members from each

persons interested are entitled to precountry.

sent, in person or by counsel, oral and (c) The Commission ordinarily will

documentary evidence and argument make copies of the main or final report that is relevant and material to any of such board or a digest thereof avail- matter that is within the published purable for examination by the Govern

pose of the hearing. ments and interested persons prior to

(f) The presiding chairman may reholding the final hearing or hearings re

quire that evidence be under oath. ferred to in § 401.29.

(g) Witnesses may be examined and § 401.29 Hearings.

cross-examined by the Commissioners

and by counsel for the Governments and (a) A hearing or hearings may be held

the Commission. With the consent of whenever in the opinion of the Commis

the presiding chairman, counsel for any sion such action would be helpful to the

interested person may also examine or Commission in complying with the terms

cross-examine witnesses. of a reference. Subject to any restric

(h) The Commission may require furtions or exceptions which may be im

ther evidence to be given and may require posed by the terms of the reference, a

printed briefs to be submitted at or subfinal hearing or hearings shall be held

sequent to the hearing. before the Commission reports to Gov

(i) A verbatim transcript of the proernments in accordance with the terms

ceedings at the hearing shall be prepared. of the reference.

(b) The time, place and purpose of § 401.30 Proceedings Under Article X. the hearing or hearings on a reference

When a question or matter of differshall be fixed by the chairmen of the

ence arising between the two Governtwo sections.

ments involving the rights, obligations (c) The secretaries shall forthwith

or interests of either in relation to the give written notice of the time, place

other or to their respective inhabitants and purpose of the hearing or hearings

has been or is to be referred to the Comto each Government and to persons who mission for decision under Article X of have advised the Commission of their

the Treaty, the Commission, after coninterest. Unless otherwise directed by sultation with the said Governments, will the Commission, the secretaries shall

adopt such rules of procedure as may be also cause such notice to be published in

appropriate to the question or matter rethe Canada Gazette, the FEDERAL REG- ferred or to be referred.



Part 500 502 503 511

Employee responsibilities and conduct.
World-wide free flow (export-import) of audio-visual materials.
Organization and availability of records.
Federal Tort Claims procedure.


BILITIES AND CONDUCT CROSS-REFERENCE: The regulations governing the responsibilities and conduct of employees of the U.S. Information Agency are codified as Part 10 of this title, prescribed jointly by the Department of State, the Agency for International Development, and the United States Information Agency, 31 F.R. 6309, Apr. 26, 1966.

PART 502-WORLD-WIDE FREE FLOW ernment may issue such certificates as to (EXPORT-IMPORT) OF AUDIO

materials for which basic ownership is in

said country. The material must be priVISUAL MATERIALS

marily educational as to its nature and Sec.

usefulness (see $ 502.6(a) (3)). The term 502.1 Summary; general.

“audio-visual” is defined as embracing 502.2 Implementing statute and Executive

the categories exemplified by film prints, Order. 502.3 Procedures.

motion picture film, filmstrips, videotape, 502.4 Consultation of experts.

sound recordings, sound/picture record502.5 Review and appeal.

ings, models, charts, posters, maps, 502.6 Substantive criteria.

globes, slides, and the like. 502.7 History and background. 502.8 Miscellaneous; coordination with U.S.

§ 502.2 Implementing statute and ExecCustoms Bureau.

utive Order. AUTHORITY: The provisions of this part

(a) Public Law 89-634 (10/8/66) 502 are issued under 5 U.S.C. 301, 19 U.S.C. 2051, 2052, 22 U.S.C. 1431 et seq., E.O. 11311;

amends Schedule 8 of the Tariff Sched3 CFR, 1966 Comp.

ules of the United States, as follows: SOURCE: The provisions of this part 502

(1) After the heading to Part 6, insert:

"Part 6 Headnote: appear at 32 FR. 10352, July 14, 1967, unless otherwise noted.

"1. No article shall be exempted from duty

under item 870.30 unless a Federal agency or $ 502.1 Summary; general.

agencies designated by the President deter(a) The “Audio-Visual Agreement”

mines that such article is visual or auditory

material of an educational, scientific, or cul(short title), also known as the “Beirut

tural character within the meaning of the Agreement of 1948”, is a multi-nation

Agreement for Facilitating the International treaty with the formal title, “Agreement Circulation of Visual and Auditory Materials for Facilitating the International Circu- of an Educational, Scientific, and Cultural lation of Visual and Auditory Materials

Character. Whenever the President deterof an Educational, Scientific, and Cul

mines that there is or may be profit-making tural Character” i United States accept

exhibition or use of articles described in item

870.30 which interferes significantly (or ance of this treaty was proclaimed by

threatens to interfere significantly) with doPresident Johnson and deposited with mestic production of similar articles, he may the United Nations on October 14, 1966, prescribe regulations imposing restrictions and formal operations by the United on the entry of such foreign articles to inStates under the Agreement commenced sure that they will be exhibited or used only January 12, 1967. Initial implementation for nonprofitmaking purposes.” of the treaty by the United States was

(2) At the end of Part 6, add this new

item: effected by Public Law 89–634 of October 8, 1966, and Executive Order 11311 of

"870.30 Developed photographic film, in

cluding motion-picture film on which picOctober 14, 1966, and it is further im

tures or sound and pictures have been replemented by these regulations. The U.S. corded; photographic slides; transparencies; Information Agency has been designated sound recordings; recorded videotape; modby the President to carry out the Agree- els; charts; maps; globes; and posters; all of ment for the United States. Export the foregoing which are determined to be certification, import certificate authen

visual or auditory materials in accordance tication, rulings, and information, re

with headnote 1 of this part

Rates of

Duty (1), Free; Rates of Duty (2), Free.” specting the Agreement may be obtained from the International Communications (b) Executive Order 11311, “Carrying Media Staff (IMV/C), U.S. Information out Provisions of the Beirut Agreement Agency, Washington, D.C. 20547.

of 1948 Relating to Audio-visual Mate(b) This treaty facilitates the free flow rials” provides: of educational audio-visual materials be

By virtue of the authority vested in me tween nations, by eliminating import as President of the United States, including duties, import licenses, special taxes, the provisions of the Joint Resolution of quantitative restrictions and other re- October 8, 1966, Public Law 89-634, and secstraints and costs, by shipment under tion 301 of Title 3 of the United States Code, an international certificate. Each gov

I hereby order and proclaim that

"Pursuant to the 'Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Education

al, Scientific and Cultural Character', made 117 U.S.T. 1578 (T.I.A.S. 6116).

at Beirut in 1948, the Joint Resolution, and

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