ual 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 view. points;

(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.

Sec. 2.3 Agencies of the Federal Government are authorized to furnish facilities and personnel for the purpose of assisting the agency or agencies designated by the President in carrying out the provisions of the Agreement. Sec. 3.4 ✶ ✶✶

319 U.S.C. 2052.

4 Sec. 3 amended the Tariff Schedules of the United States.

ying Out Provisions of the Beirut Agreement of 1949 Relating to Audio-Visual Materials

tive Order 11311, October 14, 1966, 31 F.R. 13413, 3 CFR, 1966–70 Comp., p. 593, 19 U.S.C. 2051 note

tue of the authority vested in me as President of the Unites, including the provisions of the Joint Resolution of Octo966, Public Law 89-634, and section 301 of Title 3 of the States Code, I hereby order and proclaim that

suant to section 3(b) of the Joint Resolution, the amendo the Tariff Schedules of the United States made by section he Joint Resolution shall apply with respect to articles enwithdrawn from warehouse, for consumption, on and after 1, 1967.

suant to the "Agreement for Facilitating the International ion of Visual and Auditory Materials of an Educational, c and Cultural Character", made at Beirut in 1948, the solution, and headnote 1 to schedule 8, part 6 of the Tariff es of the United States, the United States Information is hereby designated as the agency to carry out the provithe Agreement and related protocol, and to make any detions and to prescribe any regulations required by headnote

c. Exemption From Judicial Seizure of Cultural Objects Imported for Temporary Exhibition

(1) Public Law 89–259 (S. 2273], 79 Stat. 985, approved October 19, 1965 1 AN ACT To render immune from seizure under judicial process certain objects of cultural significance imported into the United States for temporary display or exhibition, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) whenever any work of art or other object of cultural significance is imported into the United States from any foreign country, pursuant to an agreement entered into between the foreign owner or custodian thereof and the United States or one or more cultural or educational institutions within the United States providing for the temporary exhibition or display thereof within the United States at any cultural exhibition, assembly, activity, or festival administered, operated, or sponsored, without profit, by any such cultural or educational institution, no court of the United States, any State, the District of Columbia, or any territory or possession of the United States may issue or enforce any judicial process, or enter any judg ment, decree, or order, for the purpose or having the effect of depriving such institution, or any carrier engaged in transporting such work or object within the United States of custody or control of such object if before the importation of such object the President or his designee has determined that such object is of cultural significance and that the temporary exhibition or display thereof within the United States is in the national interest, and a notice to that effect has been published in the Federal Register.

(b) If in any judicial proceeding in any such court any such process, judgment, decree, or order is sought, issued, or entered, the United States attorney for the judicial district within which such proceeding is pending shall be entitled as of right to intervene as a party to that proceeding, and upon request made by either the institution adversely affected, or upon direction by the Attorney General if the United States is adversely affected, shall apply to such court for the denial, quashing, or vacating thereof.

(c) Nothing contained in this Act shall preclude (1) any judicial action for or in aid of the enforcement of the terms of any such agreement or the enforcement of the obligation of any carrier under any contract for the transportation of any such object of cultural significance; or (2) the institution or prosecution by or on behalf of any such institution or the United States of any action for or in aid of the fulfillment of any obligation assumed by such institution or the United States pursuant to any such agreement.

122 U.S.C. 2459.

2) Imported Objects of Cultural Significance

ve Order 12047, March 27, 1978, 43 F.R. 13359, as amended by Executive Order 12388, October 14, 1982, 47 F.R. 46245

e of the authority vested in me by the Act of October 19, tled "An Act to render immune from seizure under judiss certain objects of cultural significance imported into d States for temporary display or exhibition, and for other (79 Stat. 985, 22 U.S.C. 2459), and as President of the ates of America, it is hereby ordered as follows:

11. The Director of the United States Information Agensignated and empowered to perform the functions conon the President by the above-mentioned Act and shall be o be authorized, without the approval, ratification, or on of the President, (1) to determine that any work of art object to be imported into the United States within the of the Act is of cultural significance, (2) to determine that orary exhibition or display of any such work of art or ct in the United States is in the national interest, and se public notices of the determinations referred to above ished in the Federal Register.

The Director of the United States Information Agency,1 g out this Order, shall consult with the Secretary of State ect to the determination of national interest, and may ith the Secretary of the Smithsonian Institution, the Dihe National Gallery of Art, and with such other officers ies of the Government as may be appropriate, with ree determination of cultural significance.

The Director of the United States Information Agency 1 ed to delegate within the Agency the functions conferred by this Order.

Executive Order No. 11312 of October 14, 1966 is re

Any order, regulation, determination or other action in effect pursuant to the provisions of Executive Order shall remain in effect until changed pursuant to the auvided in this Order.

This Order shall be effective on April 1, 1978.

ces to the United States Information Agency were inserted in lieu of references onal Communication Agency by sec. 1 of Executive Order 12388.

rder 11312, effective October 14, 1966, had delegated the authorities under this to the Secretary of State. With the establishment of the International Commu(since redesignated as the United States Information Agency) on April 1, 1978, were redelegated to the Director of the new Agency.

13. Convention on Cultural Property Implementation Act

Partial text of Public Law 97-446 [H.R. 4566], 96 Stat. 2329, approved January 12, 1983; as amended by Public Law 100-204 [Foreign Relations Authorization Act, Fiscal Years 1988 and 1989; H.R. 1777), 101 Stat. 1331, approved December 22, 1987

AN ACT To reduce certain duties, to suspend temporarily certain duties, to extend certain existing suspensions of duties, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE III-IMPLEMENTATION OF CONVENTION ON
CULTURAL PROPERTY

SEC. 301. SHORT TITLE.

This title may be cited as the "Convention on Cultural Property Implementation Act".1

SEC. 302. DEFINITIONS.

For purposes of this title

(1) The term "agreement" includes any amendment to, or extension of, any agreement under this title that enters into force with respect to the United States.

(2) The term "archaeological or ethnological material of the State Party" means

(A) any object of archaeological interest;

(B) any object of ethnological interest; or

(C) any fragment or part of any object referred to in subparagraph (A) or (B);

which was first discovered within, and is subject to export control by, the State Party. For purposes of this paragraph

(i) no object may be considered to be an object of archaeological interest unless such object

(I) is of cultural significance;

(II) is at least two hundred and fifty years old; and (III) was normally discovered as a result of scientific excavation, clandestine or accidental digging, or exploration on land or under water; and

(ii) no object may be considered to be an object of ethnological interest unless such object is

119 U.S.C. 2601.

(I) the product of a tribal or nonindustrial society, and

(II) important to the cultural heritage of a people because of its distinctive characteristics, comparative rarity, or its contribution to the knowledge of the origins, development, or history of that people.