---
kind: "section"
citation: "22 C.F.R. § 61.3"
title: "22"
number: "61.3"
heading: "Certification and authentication criteria."
url: "https://uscodex.org/cfr/22/61.3"
---

# §61.3. Certification and authentication criteria.

- (a) The Department shall certify or authenticate audio-visual materials submitted for review as educational, scientific and cultural in character and in compliance with the standards set forth in Article I of the Beirut Agreement when: (1) Their primary purpose or effect is to instruct or inform through the development of a subject or aspect of a subject, or when their content is such as to maintain, increase or diffuse knowledge, and augment international understanding and goodwill; and
  - (2) The materials are representative, authentic, and accurate; and
  - (3) **The technical quality is such that it does not interfere with the use made of the material.**
- (b) The Department will not certify or authenticate any audio-visual material submitted for review which:
  - (1) Does not primarily instruct or inform through the development of a subject or aspect of a subject and its content is not such as to maintain, increase or diffuse knowledge.
  - (2) **Contains widespread and gross misstatements of fact.**
  - (3) **Is not technically sound.**
  - (4) **Has as its primary purpose or effect to amuse or entertain.**
  - (5) Has as its primary purpose or effect to inform concerning timely current events (newsreels, newscasts, or other forms of “spot” news).
  - (6) Stimulates the use of a special process or product, advertises a particular organization or individual, raises funds, or makes unsubstantiated claims of exclusivity.
- (c) In its administration of this section, the Department shall not fail to qualify audio-visual material because:
  - (1) It advocates a particular position or viewpoint, whether or not it presents or acknowledges opposing viewpoints;
  - (2) It might lend itself to misinterpretation, or to misrepresentation of the United States or other countries, or their people or institutions;
  - (3) 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) 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) **In the opinion of the Department the material is propaganda.**
- (d) The Department may certify or authenticate materials which have not been produced at the time of application upon an affirmative determination that:
  - (1) The materials will be issued serially,
  - (2) Representative samples of the serial material have been provided at the time of application,
  - (3) Future titles and release dates have been provided to the Department at the time of application,
  - (4) **The applicant has affirmed that—**
    - (i) Future released materials in the series will conform to the substantive criteria for certification delineated at [paragraphs (a) through (c)](#a..c) of this section;
    - (ii) Such materials will be similar to the representative samples provided to the Department on application; and
    - (iii) The applicant will provide the Department with copies of the items themselves or descriptive materials for post-certification review.
- (e) If the Department determines through a post-certification review that the materials do not comply with the substantive criteria for certification delineated at [paragraphs (a) through (c)](#a..c) of this section, the applicant will no longer be eligible for serial certifications. Ineligibility for serial certifications will not affect an applicant's eligibility for certification of materials reviewed prior to production.

## Notes

### Amendments

[59 FR 18965, Apr. 21, 1994, as amended at 60 FR 29989, June 7, 1995. Redesignated at 64 FR 54539, Oct. 7, 1999]

### Authority

Authority: 5 U.S.C. 301; 19 U.S.C. 2051, 2052; 22 U.S.C. 1431 et seq.; Public Law 101-138; E.O. 11311, 31 FR 13413, 3 CFR 1966-1900 comp., page 593.

### Source

Source: 59 FR 18965, Apr. 21, 1994, unless otherwise noted. Redesignated at 64 FR 54539, Oct. 7, 1999.

### Amendments

[59 FR 18965, Apr. 21, 1994, as amended at 60 FR 29989, June 7, 1995. Redesignated at 64 FR 54539, Oct. 7, 1999]