§ 2051. — Implementation of the Agreement; executive designation and duty of Federal agencies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2051]
TITLE 19--CUSTOMS DUTIES
CHAPTER 9--VISUAL AND AUDITORY MATERIALS OF EDUCATIONAL, SCIENTIFIC, AND
CULTURAL CHARACTER
Sec. 2051. Implementation of the Agreement; executive
designation and duty of Federal agencies
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 July 15, 1949 (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.
(Pub. L. 89-634, Sec. 1, Oct. 8, 1966, 80 Stat. 879; Pub. L. 102-138,
title II, Sec. 207, Oct. 28, 1991, 105 Stat. 693.)
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.
Ex. Ord. No. 11311. Implementation of Beirut Agreement Relating to
Audio-Visual Materials
Ex. Ord. No. 11311, Oct. 14, 1966, 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 October 8,
1966, 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 January 1, 1967.
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.]