(g) The Commission may require further evidence to be given and may require printed briefs to be submitted at or subsequent to the hearing.

(h) The Commissioners shall be free to determine the probative value of the evidence submitted to it.

(i) A verbatim transcript of the proceedings at the hearing shall be prepared. (j) The hearing of the application, when once begun, shall proceed at the times and places determined by the Chairmen of the two sections to ensure the greatest practicable continuity and dispatch of proceedings.

§ 401.24 Expenses of proceedings.

(a) The expenses of those participating in any proceeding under this Subpart B shall be borne by the participants.

(b) The Commission, after due notice to the participant or participants concerned, may require that any unusual cost or expense to the Commission shall be paid by the person on whose behalf or at whose request such unusual cost or expense has been or will be incurred. § 401.25 Government brief regarding navigable waters.

When in the opinion of the Commission it is desirable that a decision should be rendered which affects navigable waters in a manner or to an extent different from that contemplated by the application and plans presented to the Commission, the Commission will, before making a final decision, submit to the Government presenting or transmitting the application a draft of the decision, and such Government may transmit to the Commission a brief or memorandum thereon which will receive due consideration by the Commission before its decision is made final.

Subpart C-References

§ 401.26 Presentation to Commission.

(a) Where a question or matter of difference arising between the two Governments involving the rights, obligations, or interests of either in relation to the other or to the inhabitants of the other along the common frontier between the United States of America and Canada is to be referred to the Commission under Article IX of the Treaty, the method of bringing such question or matter to the attention of the Commis

(b) Where both Governments have agreed to refer such a question or matter to the Commission, each Government will present to the Commission, at the permanent office in its country, a reference in similar or identical terms setting forth as fully as may be necessary for the information of the Commission the question or matter which it is to examine into and report upon and any restrictions or exceptions which may be imposed upon the Commission with respect thereto.

(c) Where one of the Governments, on its own initiative, has decided to refer such a question or matter to the Commission, it will present a reference to the Commission at the permanent office in its country. All such references should conform, as to their contents, to the requirements of paragraph (b) of this section.

(d) Such drawings, plans of survey and maps as may be necessary to illusstrate clearly the question or matter referred should accompany the reference when it is presented to the Commission.

§ 401.27

Notice and publication.

(a) The secretary to whom a reference is presented shall receive and file the same and shall send a copy forthwith to the other secretary for filing in the office of the latter. If the reference is presented by one Government only, the other secretary shall send a copy forthwith to his Government.

(b) Subject to any restrictions or exceptions which may be imposed upon the Commission by the terms of the reference, and unless otherwise provided by the Commission, the secretaries, as soon as practicable after the reference is received, shall cause a notice to be published in the Canada Gazette, the FEDERAL REGISTER and in two newspapers, published one in each country and circulated in or near the localities which, in the opinion of the Commission, are most likely to be interested in the subject matter of the reference. The notice shall describe the subject matter of the reference in general terms, invite interested persons to inform the Commission of the nature of their interest and state that the Commission will provide convenient opportunity for interested persons to be heard with respect thereto.

(a) The Commission may appoint a board or boards, composed of qualified persons, to conduct on its behalf investigations and studies that may be necessary or desirable and to report to the Commission regarding any questions or matters involved in the subject matter of the reference.

(b) Such board ordinarily will have an equal number of members from each country.

(c) The Commission ordinarily will make copies of the main or final report of such board or a digest thereof available for examination by the Governments and interested persons prior to holding the final hearing or hearings referred to in § 401.29. § 401.29

Hearings.

(a) A hearing or hearings may be held whenever in the opinion of the Commission such action would be helpful to the Commission in complying with the terms of a reference. Subject to any restrictions or exceptions which may be imposed by the terms of the reference, a final hearing or hearings shall be held before the Commission reports to Governments in accordance with the terms of the reference.

(b) The time, place and purpose of the hearing or hearings on a reference shall be fixed by the chairmen of the two sections.

(c) The secretaries shall forthwith give written notice of the time, place and purpose of the hearing or hearings to each Government and to persons who have advised the Commission of their interest. Unless otherwise directed by the Commission, the secretaries shall also cause such notice to be published in the Canada Gazette, the FEDERAL REG

ISTER and once each week for three successive weeks in two newspapers, published one in each country and circulated in or near the localities which, in the opinion of the Commission, are most likely to be interested in the subject matter of the reference.

(d) All hearings shall be open to the public, unless otherwise determined by the Commission.

(e) At a hearing, the Governments and persons interested are entitled to present, in person or by counsel, oral and documentary evidence and argument that is relevant and material to any matter that is within the published purpose of the hearing.

(f) The presiding chairman may require that evidence be under oath.

(g) Witnesses may be examined and cross-examined by the Commissioners and by counsel for the Governments and the Commission. With the consent of the presiding chairman, counsel for any interested person may also examine or cross-examine witnesses.

(h) The Commission may require further evidence to be given and may require printed briefs to be submitted at or subsequent to the hearing.

(i) A verbatim transcript of the proceedings at the hearing shall be prepared. § 401.30 Proceedings Under Article X.

When a question or matter of difference arising between the two Governments involving the rights, obligations or interests of either in relation to the other or to their respective inhabitants has been or is to be referred to the Commission for decision under Article X of the Treaty, the Commission, after consultation with the said Governments, will adopt such rules of procedure as may be appropriate to the question or matter referred or to be referred.

PART 502-WORLD-WIDE FREE FLOW (EXPORT-IMPORT) OF AUDIOVISUAL MATERIALS

Sec.

502.1 Summary; general.

502.2 Implementing statute and Executive Order.

502.3 Procedures.

502.4 Consultation of experts.

502.5 Review and appeal.

502.6

Substantive criteria.

502.7 History and background.
502.8

Miscellaneous; coordination with U.S.
Customs Bureau.

AUTHORITY: The provisions of this Part 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; 3 CFR, 1966 Comp.

SOURCE: The provisions of this Part 502 appear at 32 FR. 10352, July 14, 1967, unless otherwise noted.

§ 502.1 Summary; general.

(a) The "Audio-Visual Agreement" (short title), also known as the "Beirut Agreement of 1948", is a multi-nation treaty with the formal title, "Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character".1 United States acceptance of this treaty was proclaimed by President Johnson and deposited with the United Nations on October 14, 1966, and formal operations by the United States under the Agreement commenced January 12, 1967. Initial implementation of the treaty by the United States was effected by Public Law 89-634 of October 8, 1966, and Executive Order 11311 of October 14, 1966, and it is further implemented by these regulations. The U.S. Information Agency has been designated by the President to carry out the Agreement for the United States. Export certification, import certificate authentication, rulings, and information, respecting the Agreement may be obtained from the International Communications Media Staff (IMV/C), U.S. Information Agency, Washington, D.C. 20547.

(b) This treaty facilitates the free flow of educational audio-visual materials between nations, by eliminating import duties, import licenses, special taxes, quantitative restrictions and other restraints and costs, by shipment under an international certificate. Each gov

117 U.S.T. 1578 (T.I.A.S. 6116).

ernment may issue such certificates as to materials for which basic ownership is in said country. The material must be primarily educational as to its nature and usefulness (see § 502.6 (a) (3)). The term "audio-visual" is defined as embracing the categories exemplified by film prints, motion picture film, filmstrips, videotape, sound recordings, sound/picture recordings, models, charts, posters, maps, globes, slides, and the like.

§ 502.2 Implementing statute and Executive Order.

(a) Public Law 89-634 (10/8/66) amends Schedule 8 of the Tariff Schedules of the United States, as follows:

(1) After the heading to Part 6, insert: "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 nonprofitmaking purposes."

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

"870.30 Developed photographic film, including motion-picture film on which pictures or sound and pictures have been recorded; photographic slides; transparencies; sound recordings; recorded videotape; models; charts; maps; globes; and posters; all of the foregoing which are determined to be visual or auditory materials in accordance with headnote 1 of this part Rates of

Duty (1), Free; Rates of Duty (2), Free."

(b) Executive Order 11311, "Carrying out Provisions of the Beirut Agreement of 1948 Relating to Audio-visual Materials" provides:

"By virtue of the authority vested in me as President of the United States, including the provisions of the Joint Resolution of October 8, 1966, Public Law 89-634, and section 301 of Title 3 of the United States Code, I hereby order and proclaim that—

"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