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CHAPTER V-UNITED STATES INFORMATION

AGENCY

Part 500 501 502 503 504 511

Employee responsibilities and conduct.
Appointment for Foreign Service information officers.
World-wide free flow (export-import) of audio-visual materials.
Availability of records.
Organization.
Federal Tort Claims procedure.

PART 500-EMPLOYEE RESPONSI

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 501-APPOINTMENT OF FOR

EIGN SERVICE INFORMATION

OFFICERS Sec. 501.1 Policy. 501.2 Eligibility for appointment as FSIO. 501.3 Appointment of FSIO as chief of

mission. 501.4 Noncompetitive interchange between

Civil Service and Foreign Service. 501.5 Appointment to Class 7 or 8. 501.6 Written examination. 501.7 Oral examination. 501.8 Medical examination. 501.9 Certification for appointment. 501.10 Leave-without-pay appointments. 501.11 Termination of eligibility. 501.12 Travel expenses of candidates. 501.13 Lateral entry appointment of Foreign

Service information officers to
Classes 1 through 6.

AUTHORITY: The provisions of this part 501 issued under 22 U.S.C. 1221 et seq.; E.O. 11434 of Nov. 8, 1968 (33 F.R. 16485).

SOURCE: The provisions of this Part 501 appear at 34 F.R. 3659, Mar. 1, 1969, unless otherwise noted. $ 501.1 Policy.

It is the policy of the U.S. Information Agency that Foreign Service information officers occupy positions in which there is a need and reasonable opportunity for interchangeability of personnel between the Agency and posts abroad, and which are concerned with (a) the conduct, observation, or analysis of information and cultural activities, or (b) the executive management of, or administrative responsibility for, the overseas operations of the Agency's program. $ 501.2 Eligibility for appointment as

FSIO. (a) Pursuant to Public Law 90–494 and section 511 of the Foreign Service Act of 1946, as amended, all Foreign Service information officers shall be appointed by the President, by and with the advice and consent of the Senate. All appointments shall be made to a class and not to a particular post. No person

a

shall be eligible for appointment as a Foreign Service information officer unless he has demonstrated his loyalty to the Government of the United States and his attachment to the principles of the Constitution, and unless he has been a citizen of the United States for at least 10 years and, if married, is married to a citizen of the United States. The religion, race, sex, and political affiliations of a candidate will not be considered in designations, examinations, or certifications.

(b) Notwithstanding the provisions of 5 U.S.C. 3320 the fact that any applicant is a veteran or disabled veteran, as defined in 5 U.S.C. 2108 (1) or (2) will be taken into consideration as an affirmative factor in the selection of applicants for initial appointment as Foreign Service information officers. $ 501.3 Appointment of FSIO as chief

of mission. (a) Appointment by President. Chiefs of mission are appointed by the President, by and with the advice and consent of the Senate. They may be career members of the Foreign Service or they may be appointed from outside the Service.

(b) Recommendation of Foreign Service information officers. On the basis of recommendations made by the Board of the Foreign Service and the Director of USIA, the Secretary of State from time to time furnishes the President with the names of Foreign Service information officers qualified for appointment as chiefs of mission. The names of these officers, together with pertinent information concerning them, are given to the President to assist him in selecting qualified candidates for appointment as chiefs of mission.

(c) Status of Foreign Service information officers appointed as chiefs of mission. Foreign Service information officers who are appointed as chiefs of mission retain their status as Foreign Service information officers. $ 501.4 Noncompetitive interchange be

tween Civil Service and Foreign

Service. (a) An agreement between the Civil Service Commission and the Agency under the provisions of Executive Order 11219 (3 CFR 1964-65 Comp. p. 303) provides for the noncompetitive appointment of present or former career or career-conditional Civil Service employees in the Foreign Service.

(b) Under this agreement former career personnel of the Agency's Foreign Service (FSCR, FSIO, or FSS), and such present personnel desiring to transfer, are eligible, under certain conditions, for noncompetitive career or career-conditional appointment in any Federal agency that desires to appoint them. The President has authorized the Civil Seryice Commission by Executive order to waive the requirement for competitive examination and appointment for such Agency career Foreign Service personnel.

(c) In order to provide a comparable basis for the appointment of career or career-conditional Civil Service employees in the Foreign Service, the Agency has agreed to waive written test requirements under certain conditions for career or unlimited appointment to the Foreign Service Staff Corps and to credit service under Civil Service career type appointment toward the probationary period in the Staff Corps.

(d) In addition, the agreement recognizes the current provisions of the Foreign Service Act as a basis for the lateral entry appointment of present or former Civil Service personnel as Foreign Service information officers. $ 501.5 Appointment to Class 7 or 8.

Appointment as a Foreign Service information officer of class 8, or of class 7, is governed by $ $ 501.6–501.12. $ 501.6

Written examination. (a) When and where given. The written examination will usually be given annually in designated cities in the United States and at Foreign Service posts abroad on dates established by the Board of Examiners for the Foreign Service. Applicants must indicate in their applications whether they are applying for appointment as an FSO with the Department of State or for appointment as an FSIO with the United States Information Agency.

(b) Designation to take the written examination. No person will be permitted to take a written examination for appointment as Foreign Service information officer who has not been specifically designated by the Board of Examiners to take that particular examination. Prior to each written examination the Board will establish a closing date for the receipt of applications for designation to take the examination. No person will be designated for the examination

who has not as of that closing date filed (c) Examining process. The oral exan application with the Board. To be amination will be given by a panel of designated for the written examination deputy examiners selected by the Board a candidate, as of the date of the exami- of Examiners from a roster of Foreign nation, shall have been a citizen of the Service officers, Foreign Service informaUnited States for at least 71/2 years and tion officers, officers from the Departshall be at least 21 but under 31 years ment of State, the U.S. Information of age, except that an applicant who has Agency and other Government agencies, been awarded a bachelor's degree by a and qualified private citizens who by college or university, or has completed prior service as members of selection successfully his junior year at a college boards or through other appropriate acor university, may qualify as to age if tivities have demonstrated special qualat least 20 but under 31 years of age.

ifications for this work. The examination (c) Content. The written examination will be conducted in the light of all availis designed to permit the Board to test able information concerning the candithe candidate's intelligence and the date and will be designed to determine breadth and quality of his knowledge his competence to perform the work of and understanding. It will consist of four a Foreign Service information officer at parts: (1) A general ability test, (2) an home and abroad, his potential for English expression test, (3) a general growth in the Service, and his suitability background test, and (4) three special to serve as a representative of the United optional tests: Option A—History, Gov- States abroad. Panels examining candiernment, Social Sciences, and Public Af- dates for the Department of State will fairs; Option B-Administration; Option be chaired by a Foreign Service officer C—Economics and Commerce; one of with the Department. Panels examining which must be selected by the candidate candidates for the United States Inforexcept that candidates for the United mation Agency will be chaired by an States Information Agency will take Op- officer from the Agency's Foreign Service. tion A only.

Determinations of duly constituted pan(d) Grading. The several parts of the els of deputy examiners are final, unless written examination are weighted in ac- modified by specific action of the Board cordance with the rules laid down by the of Examiners for the Foreign Service. Board of Examiners.

(d) Grading. Candidates appearing for

the oral examination will be graded “rec$ 501.7 Oral examination.

ommended for class 8,” “recommended The Board of Examiners for the for class 7,” or “not recommended.” If Foreign Service has established the

recommended, the panel will assign a following rules regarding the oral grade which will determine the candiexamination:

date's numerical standing on the rank(a) When and where given. The oral order register of eligibles. examination will be given throughout the

$ 501.8 Medical examination. year at Washington and periodically in selected cities in the United States and

The Board of Examiners for the at selected Foreign Service posts abroad. Foreign Service has established the

(b) Eligibility. If a candidate's following rules regarding the medical weighted average on the four parts of the examination of candidates. (Regulations written examination is 70 or higher, he regarding medical examination of dewill be eligible to take the oral examina

pendents are contained in the Foreign tion. Candidates eligible for the oral ex

Affairs Manual available at the Depart

ment of State and U.S. Information amination will be given an opportunity and will be required to take the oral

Agency.)

(a) Eligibility. A candidate graded examination within 9 months after the

“recommended” on the oral examinadate of the written examination. If a

tion will be eligible for the physical candidate fails to present himself for the examination. oral examination on an agreed date (b) Purpose. The medical examination within the 9-month period, his candidacy is designed to determine the candidate's will automatically terminate except that physical fitness to perform the duties of time spent outside the United States and a Foreign Service information officer on its territories for reasons acceptable to a worldwide basis and to determine the the Board of Examiners will not be presence of any physical, nervous, or counted against the 9-month period. mental disease or defect of such a nature

a

as to make it unlikely that he would of the examination. Successful candibecome a satisfactory officer. The Exec- dates for the U.S. Information Agency utive Director of the Board of Examiners will have their names placed on for the Foreign Service, with the con- separate rank-order register and apcurrence of the Director, Medical Divi- pointments will be made according to sion, may make such exceptions to these the needs of the Agency. Postponement physical requirements as are in the in- of entrance on duty for required active terest of the Service. All such exceptions military service, civilian Government shall be reported to the Board of Exam- service abroad, or Peace Corps volunteer iners for the Foreign Service at its next service will be authorized. A candidate meeting.

may be certified for appointment to class (c) Conduct of examination. The medi- 7 or 8 without first having passed an cal examination will be conducted either examination in a foreign language, but by medical officers of the Armed Forces, his appointment will be subject to the the Public Health Service, the Depart- condition that he may not receive more ment, accredited colleges and universi- than one promotion unless, within a ties, or, with the approval of the Board specified period of time, he achieves of Examiners, by private physicians. adequate proficiency in a foreign

(d) Determination. The Board of language. Examiners will determine on the basis

$ 501.10 Leave-without-pay appointof the report of the physician(s) who

ments. conducted the medical examination whether the candidate has met the

In certain specified cases, leavestandards set forth in paragraph (b) in without-pay offers of appointment as this section.

Foreign Service Reserve officers may

be made to candidates who have estab$ 501.9

Certification for appointment. lished their eligibility when such ap(a) No person will be certified as eli- pointments will insure that well-qualified gible for appointment as a Foreign Sery- candidates will not be lost to the Service ice information officer of class 8 unless because they wish to continue advanced he is at least 21 years of age, has been graduate studies that will improve their a citizen of the United States for at least qualifications as future Foreign Service 10 years, and, if married, is married to a information officers. When they become citizen of the United States. A person available for duty they will be nominated shall be certified as eligible for direct for regular Foreign Service information appointment to class 7 if in addition to officer appointments. meeting these specifications he is at least

$ 501.11 Termination of eligibility. 23 years old and has a record of 2 years of graduate training, employment, mili- (a) Candidates who have qualified tary service, or Peace Corps service but have not been appointed because of which clearly demonstrates ability and lack of vacancies will be dropped from special skills for which there is a need the rank-order register 30 months after in the Foreign Service. Recommended the date of the written examination: candidates who meet these requirements,

Provided, however, That reasonable who pass their medical examinations, time spent in civilian Government seryand who, on the basis of investigation, ice abroad, including service as a Peace are found to be loyal to the Government Corps volunteer or in required active of the United States and personally suit- military service subsequent to establishable to represent it abroad, will have ing eligibility for appointment will not their names placed on the rank-order be counted in the 30-month period. register for class 8 appointments or, if (b) The Chairman of the Board of deemed appropriate by the Board of Examiners may extend the eligibility Examiners in the light of their age and period when such extension is in his education or employment record, on the judgment justified in the interests of rank-order register for class 7 appoint

the Service. He shall report to the Board ments, and they will be certified for ap- of Examiners the extensions he has pointment, in accordance with the needs

approved. of the Service, in the order of their standing on their respective registers.

§ 501.12 Travel expenses of candidates. (b) Separate registers for the Depart

The travel and other personal expenses ment of State candidates will be main- of candidates incurred in connection tained according to the optional portions with the written and oral examination

in

a

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.

will not be borne by the Government, except that the Agency may issue round trip invitational travel orders to bring candidates for FSIO appointment to Washington at Government expense when it is determined that it is necessary ascertaining candidate's qualifications and adaptability for appointment. $ 501.13 Lateral entry appointment of

Foreign Service information officers

to Classes 1 through 6. Appointments of Foreign Service information officers, under the provisions of Public Law 90–494 and section 517 of the Foreign Service Act of 1946, as amended, are governed by this section.

(a) The lateral entry program is a means by w ch the intake of Foreign Service information officers through the junior Foreign Service information officer examination can be supplemented to meet total requirements for Foreign Service information officers. Lateral entry appointments are made only to Classes 1 through 6, insuring retention of the career principle of entry primarily at Classes 7 and 8 through competitive examination. Additional officers will be added to the Foreign Service Information Officer Corps through lateral entry on the basis of established service need for each class by functional specialty or general manpower requirements.

(b) The great majority of lateral entrants will be drawn from officers of the U.S. Information Agency of proven ability who possess high potential for advancement, or similar personnel of other foreign affairs agencies who may be appointed based on agreements between the Agency and those agencies.

(c) The need for other lateral entrants in Classes 1 through 6 is met by appointing applicants who are officers or former officers of other Federal Government agencies. Principally, these will be persons possessing skills and abilities in short supply in the Agency's Foreign Service appointed to meet rapidly changing requirements. On a limited and highly selective basis, however, other persons may be appointed who have demonstrated outstanding qualities of leadership and who possess capabilities, insights, techniques, experiences, and differences of outlook which would serve to enrich and stimulate the Agency's Foreign Service and enable them to perform effectively in assignments both abroad and in the Agency.

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 F.R. 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 government may issue such certificates as to materials for which basic ownership is in

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

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