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§ 2

Educational and Cultural Affairs

International Expositions and Exhibitions Federal Laws and Regulations

The Arts and Artifacts Indemnity Act (P.L. 94-158; 89 Stat. 844; 20 U.S.C. 971-977), approved December 20, 1975, authorized the Federal Government, under certain circumstances, to provide indemnities against loss or damage for certain art, artifacts, and other objects to be exhibited internationally. Section 3(a) of the Act provides that, in order for the Federal Council on the Arts and Humanities to make an indemnity agreement under the Act, the exhibition of any item must be certified by the Secretary of State or his designee as being in the national interest.

On July 21, 1976, William K. Hitchcock, Acting Assistant Secretary of State for Educational and Cultural Affairs, issued a notice that the following criteria would be considered in making the certification under section 3(a) of the Act that an exhibition is in the national interest:

Whether the exhibition for which an indemnity is sought will be carried out under the terms of an official agreement between the United States and a foreign government or an international organization; or. Whether the exhibition will promote the foreign policy interests of the United States, as well as increasing mutual understanding between the people of the United States and the people of another country or countries.

Fed. Reg., Vol. 41, No. 146, July 28, 1976, p. 31409.

Los Angeles Exposition

On October 27, 1976, Acting Secretary of State Charles W. Robinson found that the proposed Los Angeles Universal Exposition "qualifies for consideration of registration" by the Bureau of International Expositions, and he so informed the President. The determination was made in accordance with the provisions of Public Law 91-269 (84 Stat. 271; 22 U.S.C. 2801-2807), approved May 27, 1970.

The United States became a party on Nov. 22, 1968, to the Convention Relating to International Exhibitions, as amended (TIAS 6548, 6549; 19 UST 5927, 5974), which established the Bureau of International Expositions. Art. 8 of the convention provides that any country which proposes to hold an exhibition to which the convention applies must apply to the Bureau for the registration of the exhibition. Pursuant to that article, in September 1976 the United States submitted to the Bureau "General Regulations" for the Los Angeles Exhibition, and these were found acceptable. Under art. 15 of the convention a Government issuing invitations to an international exhibition shall appoint a Government Commissioner authorized to represent it and to guarantee the fulfillment of its obligations toward the foreign participants. Under

art. 16 participating Governments must appoint Commissioners to represent them and to see that the regulations of the exhibition are observed.

Cultural Exchange Programs

The Department of State issued regulations, effective August 17, 1976, to facilitate the participation by Federal employees in cultural exchange programs of foreign governments, in implementation of section 108A added to the Mutual Educational and Cultural Exchange Act (22 U.S.C. 2451 et seq.) by section 111 of Public Law 94-350, approved July 12, 1976. The regulations constitute a new Part 64 to Chapter 1 of Title 22 of the Code of Federal Regulations. They set forth the procedures for the application for approval of a cultural exchange program of a foreign government, so that Federal employees may participate.

A foreign government intending to provide grants or other assistance to facilitate the participation of Federal employees in such a program is required to show that the program is of the type described in section 102(a) (2) (i) of the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451 et seq.), that the program is for a purpose comparable to the purpose in section 101 of Act, and that a grant under such program will not provide assistance with respect to any expenses incurred by or for any member of the family or household of such Federal employee. A grant or other assistance under a foreign cultural exchange program may be accepted by a Federal employee only if the employee's agency states that it has no objection to the acceptance.

See Fed. Reg., Vol. 41, No. 168, Aug. 27, 1976, pp. 36203–36204; 22 CFR 64.1-64.10.

U.S.-Portugal

Bilateral Agreements

On December 22, 1976, the United States and Portugal concluded an agreement concerning relations between the two countries in the field of physical education and sports. The preamble recognizes that within the United States sports activities are conducted by private individuals and institutions free of governmental influence, guidance, and regulations, whereas in Portugal there is a ministry which supervises nongovernmental activities. The agreement expresses the intent of both governments to encourage friendly competition and cooperation among the people of the two countries through sports; to encourage increased knowledge of the accomplishments and skills of the other country in sports and leisure time activities; and to promote and facilitate, to the extent permitted by available private or public resources, exchanges in sports activities and informational exchanges.

The agreement refers specifically to exchanges of coaches, trainers, and instructors, players and teams, umpires and referees, and training films. Information to be exchanged is to include information and experiences in specialized areas, such as sports for the handicapped and medical science sports information, information on organization of sports programs and physical fitness programs, and information on the umpiring and refereeing of sports. The Governments are to encourage private institutions to cooperate to the maximum extent possible.

Responsibilities assumed by each party are to be executed within the framework of its domestic policy and legislation, procedures, and practices.

U.S.-Spain

Article IV of the Treaty of Friendship and Cooperation between the United States and Spain, signed January 24, 1976 (TIAS 8360; 27 UST; entered into force September 21, 1976), together with Supplementary Agreement No. 4 and a related exchange of notes, provides for continuation and expansion of educational and cultural cooperation between the two countries. The expanded exchanges program is to involve teachers, researchers, scientists, scholars and students and to extend to all branches of learning, especially natural and applied sciences, economics, and the language and culture of the two countries. In the field of arts and letters, the two Governments agreed to sponsor visits of authors and artists and encourage reciprocal dissemination of their works.

The two Governments also agreed to cooperate in expansion of the Spanish educational system, with the United States assisting in research, development, and advanced training for professors and other teaching personnel and providing various materials and equipment to educational research and teaching laboratories and libraries for Spanish universities and other centers of higher learning.

The report of Feb. 6, 1976, of the Secretary of State to the President with respect to the treaty (S. Ex. E, 94th Cong., 2d Sess.) states that the agreement contemplated a grant from the United States in the amount of $12 million to support the five-year program, which is considered to be of particular importance in strengthening the relationship between the United States and Spain.

U.S.-United Kingdom

As part of the celebration of the American Revolution Bicentennial, the Government of the United States and the Government of the United Kingdom announced on July 1, 1975, a program of fellowships in the creative and performing arts. The program was established by an exchange of notes on July 2, 1975 (TIAS 8168; 26

UST 2512). Up to five fellowships are to be awarded each year for a period of five years in such fields as drama, opera, ballet, music, cinema, television, graphics, design, painting, sculpture, and architecture, or any other field of activity considered by the selection committees to be in the spirit of the fellowships. The fellowships are open to men and women already established in their fields who show a clear potential to become prominent members of their professions. Fellowships for American participants are funded by the Department of State and the National Endowment for the Arts; they are administered by the Endowment. In the United Kingdom the program is administered by the British Council.

U.S. - Venezuela

The United States and Venezuela signed a statement of understanding relating to educational cooperation on May 7, 1976. The statement commits the two Governments to seek new ways to provide greater structure and impact to their academic cooperation. It affirms a decision to cooperate in a program of scholarly exchange in fields mutually agreed upon in consultation with experts of both countries. Each side independently assumes the responsibility for the funding and implementation of those activities to which it has agreed. The understanding also provides for meetings between specialists from the two countries periodically to review progress and to recommend new projects to their respective governments. The agreement continues in force until September 30, 1978, subject to amendment or extension by mutual consent.

Chapter 13

PEACEFUL SETTLEMENT OF

DISPUTES

81 Negotiation; Inquiry; Conciliation;
Mediation; Good Offices

Law of the Sea

General

Secretary of State Kissinger gave an address on April 8, 1976, in New York, setting forth U.S. positions relative to the U.N. Conference on the Law of the Sea, including continued U.S. insistence on the inclusion of "provisions for compulsory and impartial settlement of disputes in order that differences of interpretation and incompatible practices can be settled peacefully." The relevant excerpt from the Secretary's address follows:

No nation could accept unilateral interpretation of a treaty of such vast scope by individual states or by an international seabed organization or any other interested party.

To promote the fair settlement of disputes involving the interpretation of the treaty, the United States proposes the establishment of an impartial dispute settlement mechanism whose findings would be binding on all signatory states. Such a mechanism would insure that all states have recourse to a legal process which would be nonpolitical, rapid, and impartial to all. It would especially protect the rights of all states in the economic zone by resolving differences in interpretation of the treaty which might lead to serious conflict between parties. It must be responsible for assuring the proper balance between the rights of coastal states and the rights of other states which also use-and indeed often are dependent upon-the economic zones of coastal states. And its decisions must be obligatory.

Establishment of a professional, impartial, and compulsory dispute settlement mechanism is necessary to insure that the oceans will be governed by the rule of law rather than the rule of force. Unless this point is accepted many nations could not agree to the treaty, since only through such a mechanism can they be assured that their interests will be fairly protected.

Dept. of State Bulletin, Vol. LXXIV, No. 1922, Apr. 26, 1976, p. 538.

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