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[Federal Register: April 11, 2002 (Volume 67, Number 70)]
[Rules and Regulations]               
[Page 17611-17616]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ap02-3]                         
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE

22 CFR Part 62

[Public Notice 3940]

Exchange Visitor Program; Interim Final Rule

AGENCY: Department of State.

ACTION: Interim final rule with request for comment.

-----------------------------------------------------------------------

SUMMARY: The Department is revising portions of its existing Exchange 
Visitor Program regulations. These revisions will correct inaccurate 
references to related regulations and organizational offices and 
positions set forth in these regulations.

DATES: This rule is effective April 11, 2002. Written comments 
regarding this rule will be accepted until May 13, 2002.

ADDRESSES: Comments regarding this rule must be presented in duplicate 
and addressed as follows: U.S. Department of State, Office of Exchange 
Coordination and Designation, Bureau of Educational and Cultural 
Affairs, 301 4th Street, SW., Room 852, Washington, DC 20547.

FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Acting Director, 
Office of Exchange Coordination and Designation, U.S. Department of 
State, 301 Fourth Street, SW., Room 852, Washington, DC 20547; 
telephone (202) 619-6828; fax (202) 401-9809.

SUPPLEMENTARY INFORMATION: The Foreign Affairs Reform and Restructuring 
Act of 1998, Public Law 105-277, 112 Stat. 2681 et seq., consolidated 
many of the functions of the former United States Information Agency 
into the Department of State. One of the functions consolidated was the 
administrative oversight of the Exchange Visitor Program. Created by 
the Mutual Educational and Cultural Exchange Act of 1961, as amended, 
the Exchange Visitor Program designates government and private sector 
entities to further the public diplomacy efforts of the Federal 
government by facilitating the entry of foreign nationals into the 
United States for the purpose of participation in individual exchange 
programs.
    Pursuant to the Congressional restructuring of the foreign affairs 
functions, the Exchange Visitor Program regulations formerly set forth 
at 22 CFR part 514 were renumbered as 22 CFR part 62 when this function 
was absorbed into the Department. However, specific references to the 
former part 514 in subparts A, B, C, D and E were overlooked. 
References to organizational offices and positions were also not 
corrected.
    The revisions set forth in this rule correct the inaccurate 
references to the former part 514 and substitute references to the new 
part 62. References to now non-existent organizational offices and 
positions are also deleted. Corresponding Department offices and 
positions are substituted.
    The Department invites comments regarding this interim final rule. 
The Department will accept comments for 30 days following publication 
of this interim rule. A final rule will be adopted following Department 
review of all comments received.

Regulatory Analysis and Notices

Administrative Procedure Act

    The Department is publishing this rule as an interim rule, with a 
30-day provision for post-promulgation public comments, based on the 
``good cause'' exceptions set forth at 5 U.S.C. 553(b)(3)(B) and 
553(d)(3). Given that the proposed changes are technical in nature, the 
Department finds it unnecessary to provide notice and comment prior to 
adoption of this rule.

Regulatory Flexibility Act

    Pursuant to 5 U.S.C. 605(b) of the Regulatory Flexibility Act, the 
Department has assessed the potential impact of this rule, and 
certifies that this rule is not expected to have a

[[Page 17612]]

significant economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector, of $100 
million in any year and it will not significantly or uniquely affect 
small governments. Therefore, no actions were deemed necessary under 
the provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This rule will not 
result in an annual effect on the economy of $100 million or more; a 
major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

Executive Order 12866

    The Department of State does not consider this rule to be a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review, and the Office of Management and 
Budget has waived its review process under section (6)(a)(3)(A).

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to require consultations or warrant 
the preparation of a federalism summary impact statement.

Paperwork Reduction Act

    This rule does not impose any new reporting or record-keeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

List of Subjects in 22 CFR Part 62

    Cultural exchange programs.


    Accordingly, 22 CFR part 62 is amended as follows:

PART 62--EXCHANGE VISITOR PROGRAM

    1. The Authority citation for part 62 continues to read as follows:

    Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 1184, 1258; 22 U.S.C. 
1431-1442, 2451-2460; Foreign Affairs Reform and Restructuring Act 
of 1998, Pub. L. 105-277, 112 Stat. 2681 et seq.; Reorganization 
Plan No. 2 of 1977, 3 CFR, 1977 Comp. p. 200; E.O.12048 of March 27, 
1978; 3 CFR, 1978 Comp. p. 168.


    2. In subparts A, B and C, remove ``514'' and add in its place 
``62'' in the following places:
    a. Section 62.2;
    b. Section 62.3(a)(3) and (b)(1);
    c. Section 62.4(a)(2);
    d. Section 62.5(a), (c)(2) and (c)(5);
    e. Section 62.6(a) and (b);
    f. Section 62.7(c);
    g. Section 62.9(g);
    h. Section 62.11(d);
    i. Section 62.13(a)(2) and (a)(7);
    j. Section 62.15(d) and (g);
    k. Section 62.20(a)(1), (a)(2), (d)(ii)(A) and (d)(ii)(C);
    l. Section 62.21(d), (e) and (g);
    m. Section 62.22(a), (c)(1) and (j);
    n. Section 62.23(d) and (e);
    o. Section 62.24(d) and (f);
    p. Section 62.25(b)(2), (e), (g) and (k);
    q. Section 62.26(a)(1), (a)(2), (a)(3), (e)(1), (e)(2) and (f);
    r. Section 62.27(b)(3);
    s. Section 62.28(b);
    t. Section 62.29(c);
    u. Section 62.30(c);
    v. Section 62.31(d), (f), (i), (m) and (n);
    w. Section 62.32(b);
    x. Section 62.40(a)(4); and
    y. Section 62.45(d)(3) and (d)(6) and (e)(2) and (f)(1).

    3. In the table below, for each section indicated in the left 
column, remove the reference indicated in the middle column, and add in 
its place the reference indicated in the right column:

------------------------------------------------------------------------
            Section                   Remove                Add
------------------------------------------------------------------------
62.14(g)......................  Sec.  514.14(a)    paragraph (a) of this
                                 above.             section.
62.20(f)......................  Sec.  514.20(g)..  paragraph (g) of this
                                                    section.
62.20(g)(2)(ii)...............  Sec. 514.20(g)(2)  paragraph (g)(2)(i)
                                 (i) above.         of this section.
62.20(g)(2)(ii)...............  Sec. 514.20(g)(1)  paragraph (g)(1) of
                                                    this section.
62.20(j)(1)...................  Sec.  514.20(i)..  paragraph (i) of this
                                                    section.
62.20(j)(2)...................  Sec.  514.20(i)..  paragraph (i) of this
                                                    section.
62.20(j)(3)...................  Sec.  514.20(i)..  paragraph (i) of this
                                                    section.
62.20(j)(4)...................  Sec.  514.20(i)..  paragraph (i) of this
                                                    section.
62.22(f)(1)...................  Sec.  514.22(d)..  paragraph (d) of this
                                                    section.
62.22(f)(3)...................  Sec.  514.22(n)..  paragraph (n) of this
                                                    section.
62.22(g)......................  Sec.  514.22(d)(1  paragraph (d)(1)(iii)
                                 )(iii) above.      of this section.
62.22(n)(2)...................  Sec.  514.22(k),   paragraph (k) of this
                                 supra.             section.
62.22(n)(2)...................  Sec.  514.43,      62.43.
                                 infra.
62.22(n)(3)...................  Sec.  514.22(m)..  paragraph (m) of this
                                                    section.
62.23(a)......................  Sec.  514.23.....  this section.
62.23(e)(5)...................  Sec.  514.23(f)..  paragraph (f) of this
                                                    section.
62.23(f)(5)(ii)(A)............  Sec. 514.23(f)...  paragraph (f) of this
                                                    section.
62.23(f)(5)(ii)(C)............  Sec. 514.23(f)(3)  paragraph (f)(3) and
                                 and (4).           (4) of this section.
62.23(h)(1)(i)(A).............  Sec. 514.23(e)...  paragraph (e) of this
                                                    section.
62.23(h)(1)(ii)...............  Sec. 514.23(f)...  paragraph (f) of this
                                                    section.
62.23(h)(2)(ii)...............  Sec. 514.23(f)...  paragraph (f) of this
                                                    section.
62.24(a)......................  Sec.  514.24.....  this section.
62.24(d)(1)...................  Sec.  514.24(c)..  paragraph (c) of this
                                                    section.
62.26(b)......................  Sec.  514.26(a)(1  paragraphs (a)(1)
                                 ) through (3).     through (3) of this
                                                    section.
62.27(f)......................  Sec.  514.27(b)    paragraphs (b) and
                                 and Sec.           (e) of this section.
                                 514.27(e).
62.28(a)......................  Sec.  514.28.....  this section.
62.29(a)......................  Sec.  514.29.....  this section.
------------------------------------------------------------------------


[[Page 17613]]


    4. In addition to the amendments set forth above, amend subparts A, 
B, and C as follows:
    a. Remove ``Form IAP-66'' and add in its place ``Form DS-2019'' in 
the following places:
    i. Section 62.2;
    ii. Section 62.5(a);
    iii. Section 62.10(d) and (e)(1);
    iv. Section 62.11(d);
    v. Section 62.12(b), (c), (c)(4), (d)(2), (d)(3), (d)(4), (e)(2) 
and (e)(3);
    vi. Section 62.13(c)(1);
    vii. Section 62.15(e);
    viii. Section 62.20(d)(ii), (e), (f) and (h);
    ix. Section 62.21(f);
    x. Section 62.23(d), (f)(3)(ii), (f)(4)(iii), (h)(1)(i) and 
(h)(2)(i);
    xi. Section 62.24(e) and (g);
    xii. Section 62.25(m);
    xiii. Section 62.26(g) and (h);
    xiv. Section 62.27(c)(1), (c)(1)(i), (c)(1)(ii), (c)(2) and (d);
    xv. Section 62.28(e);
    xvi. Section 62.29(f) and (g);
    xvii. Section 62.30(i);
    xviii. Section 62.41(b) and (e);
    xix. Section 62.42(b)(2), (c) and (c)(1);
    xx. Section 62.43(b); and
    xxi. Section 62.45(a), (c)(1), (c)(2), (c)(3), (c)(4), 
(c)(4)(ii)(D), (d)(1), (e)(1), (h)(1)(ii), (h)(2)(ii), (i)(2)(i), 
(i)(2)(ii) and (k).
    b. Remove ``Forms IAP-66'' and add in its place ``Forms DS-2019'' 
in the following places:
    i. Section 62.10(d);
    ii. Section 62.11(d);
    iii. Section 62.12 heading; introductory text, (a), (d)(1), (e)(1) 
and (e)(3);
    iv. Section 62.13(a)(7);
    v. Section 62.15(e)(1), (e)(2), (e)(3) and (e)(4);
    vi. Section 62.27(d); and
    vii. Section 62.45(c)(4)(i), (h)(1)(i) and (h)(2)(i).
    c. Remove ``form IAP-66'' and add in its place ``Form DS-2019'' in 
the following place:
    i. Section 62.32(h)
    d. Remove ``Form IAP-37'' and add in its place ``Form DS-3036'' in 
the following place:
    i. Section 62.5(a)

    5. Subpart D is revised to read as follows:

Subpart D--Sanctions


Sec. 62.50  Sanctions.

    (a) Reason for sanctions. The Department of State may, upon a 
determination by the Office of Exchange Coordination and Designation 
(``ECD''), Bureau of Educational and Cultural Affairs, impose sanctions 
against a sponsor which has:
    (1) Willfully or negligently violated one or more provisions of 
this part;
    (2) Evidenced a pattern of willful or negligent failure to comply 
with one or more provisions of this part;
    (3) Committed an act of omission or commission which has or could 
have the effect of endangering the health, safety, or welfare of an 
exchange visitor; or
    (4) Committed an act or acts which may have the effect of bringing 
the Department of State or the Exchange Visitor Program into notoriety 
or disrepute.
    (b) Lesser sanctions. (1) In order to ensure full compliance with 
the regulations in this part, the Department of State, in its 
discretion and depending on the nature and seriousness of the 
violation, may impose any or all of the following sanctions (``lesser 
sanctions'') on a sponsor for any of the reasons set forth in paragraph 
(a) of this section:
    (i) A written reprimand to the sponsor, with a warning that 
repeated or persistent violations of the regulations in this Part may 
result in suspension or revocation of the sponsor's exchange visitor 
program designation, or other sanctions as set forth in this section;
    (ii) A declaration placing the exchange visitor sponsor on 
probation, for a period of time determined by the Department of State 
in its discretion, signifying a pattern of serious willful or negligent 
violation of regulations such that further violations could lead to 
suspension or revocation;
    (iii) A corrective action plan designed to cure the sponsor's 
violations; or
    (iv) A limitation or reduction in the authorized number of exchange 
visitors in the sponsor's program or in the geographic area of the 
sponsor's recruitment or activity.
    (2) Within ten (10) calendar days of service of the written notice 
to the sponsor imposing any of the sanctions set forth in this 
paragraph (b), the sponsor may submit to ECD any statement or 
information, including, if appropriate, any documentary evidence or 
affidavits in opposition to or mitigation of the sanction, and may 
request a conference. Upon its review and consideration of such 
submission, the Department of State may, in its discretion, modify, 
withdraw, or confirm such sanction. All materials submitted by the 
sponsor shall become a part of the sponsor's file with ECD. The 
decision of ECD is not appealable with regard to lesser sanctions in 
paragraphs (b)(1)(i) through (iv) of this section, if:
    (i) The proposed limitation in the size of the sponsor's program is 
equivalent to 10 percent or less of the number of authorized visitors 
in the sponsor's program during the previous calendar year; or
    (ii) The proposed limitation in the size of the sponsor's program 
will not cause a significant financial burden for the sponsor.
    (c) Suspension or significant program limitation. (1) Upon a 
finding that a suspension, or a reduction in the sponsor's program 
equivalent to a number greater than 10 percent of the number of 
authorized visitors, is warranted for any of the reasons set forth at 
paragraph (a) of this section, ECD shall give written notice to the 
sponsor of the Department of State's intent to impose the sanction, 
specifying therein the reasons for such sanction and the effective date 
thereof, which shall not be sooner than thirty (30) calendar days after 
the date of the letter of notification.
    (2) Prior to the proposed effective date of such sanction, the 
sponsor may submit a protest to ECD, setting forth therein any reasons 
why suspension should not be imposed, and presenting any documentary 
evidence in support thereof, and demonstrating that the sponsor is in 
compliance with all lawful requirements. All materials submitted by the 
sponsor shall become a part of the sponsor's file with ECD.
    (3) ECD shall review and consider the sponsor's submission and, 
within seven (7) calendar days of receipt thereof, notify the sponsor 
in writing of its decision on whether the sanction is to be affected. 
In the event that the decision is to impose the sanction, such notice 
shall inform the sponsor of its right to appeal the sanction and of its 
right to a formal hearing thereon.
    (4) The sponsor may within ten (10) calendar days after receipt of 
the aforesaid notice effecting the sanction, appeal the sanction to the 
Exchange Visitor Program Designation, Suspension and Revocation Board 
(``Board'') by filing a notice of appeal with the Principal Deputy 
Assistant Secretary of the Bureau of Educational and Cultural Affairs. 
The filing of the notice of appeal shall serve to stay the effective 
date of the sanction pending appeal.
    (5) Upon receipt of the notice of appeal, the Principal Deputy 
Assistant
    Secretary, or his or her designee, shall, within ten (10) calendar 
days, convene the Board. Thereafter, proceedings before the Board shall 
follow the regulations set forth in paragraph (i) of this section.
    (d) Summary suspension. (1) ECD may, upon a finding that a sponsor 
has willfully or negligently committed a serious act of omission or 
commission

[[Page 17614]]

which has or could have the effect of endangering the health, safety, 
or welfare of an exchange visitor, and upon written notice to the 
sponsor specifying the reason therefore and the effective date thereof, 
notify the sponsor of the Department of State's intent to suspend the 
designation of the sponsor's program for a period not to exceed sixty 
(60) calendar days.
    (2) No later than three (3) calendar days after receipt of such 
notification, the sponsor may submit a rebuttal to ECD, setting forth 
therein any reasons why a suspension should not be imposed.
    (3) The sponsor may present any statement or information in such 
protest, including, if appropriate, any documentary evidence or 
affidavits in opposition to or mitigation of the sanction, and 
demonstrating that the sponsor is in compliance with all lawful 
requirements. All materials submitted by the sponsor shall become a 
part of the sponsor's file with ECD. Within three (3) calendar days of 
receipt of such submissions, ECD shall notify the sponsor in writing of 
its decision whether to effect the suspension. In the event the 
decision is to effect the suspension, such notice shall advise the 
sponsor of its right to appeal the suspension and of its right to a 
formal hearing thereon.
    (4) The sponsor may, within ten (10) calendar days after receipt of 
the aforesaid notice continuing the suspension, appeal the suspension 
to the Board by filing a notice of appeal with the Principal Deputy 
Assistant Secretary of the Bureau of Educational and Cultural Affairs. 
The filing of the notice of appeal of a summary suspension shall not 
serve to stay the suspension pending appeal.
    (5) Upon receipt of the notice of appeal, the Principal Deputy 
Assistant Secretary, or his or her designee shall, within ten (10) 
calendar days, convene the Board. Thereafter, proceedings before the 
Board shall follow the regulations set forth in paragraph (i) of this 
section.
    (e) Revocation. (1) The Principal Deputy Assistant Secretary, or 
his or her designee, may, for any reason set forth at paragraph (a) of 
this section, give the sponsor not less than thirty (30) calendar days 
notice in writing of its intent to revoke the sponsor's exchange 
visitor program designation, specifying therein the grounds for such 
revocation and the effective date of the revocation. Revocation need 
not be preceded by the imposition of a summary suspension, a 
suspension, or any lesser sanctions.
    (2) Within ten (10) calendar days of receipt of the notice of 
intent to revoke in paragraph (e)(1) of this section, the sponsor shall 
have an opportunity to show cause as to why such revocation should not 
be imposed, and may submit to the Principal Deputy Assistant Secretary 
any statement of information, including, if appropriate, any 
documentary evidence or affidavits in opposition to or mitigation of 
the violations charged, and demonstrating that the sponsor is in 
compliance with all lawful requirements. All materials submitted by the 
sponsor shall become a part of the sponsor's file with ECD.
    (3) The Principal Deputy Assistant Secretary, or his or her 
designee, shall review and consider the sponsor's submission and, 
thereafter, notify the sponsor in writing of its decision on whether 
the revocation is to be effected. In the event that the decision is to 
effect the revocation, such notice shall advise the sponsor of its 
right to appeal the revocation and of its right to a formal hearing 
thereon.
    (4) The sponsor may, within twenty (20) calendar days after receipt 
of the notice effecting the revocation in paragraph (e)(3) of this 
section, appeal the revocation to the Board by filing a notice of 
appeal with the Principal Deputy Assistant Secretary. The filing of the 
notice of appeal shall serve to stay the effective date of the 
revocation pending appeal.
    (5) Upon receipt of the notice of appeal, the Principal Deputy 
Assistant Secretary, or his or her designee shall, within ten (10) 
calendar days, convene the Board. Thereafter, proceedings before the 
Board shall follow the regulations set forth in paragraph (i) of this 
section.
    (f) Responsible officers. (1) The Department of State may direct a 
sponsor to summarily suspend, suspend or revoke the appointment of a 
responsible officer or alternate responsible officer for any of the 
reasons set forth in paragraph (a) of this section.
    (2) In the event that such action is directed, the sponsor shall be 
entitled to all of the rights of review or appeal that are accorded to 
a sponsor under paragraphs (b), (c), (d), and (e) of this section.
    (g) Denial of application for redesignation. (1) ECD shall give an 
applicant for redesignation not less than thirty (30) calendar days 
notice in writing of its intentions to deny the application for 
exchange visitor program redesignation, specifying therein the grounds 
for such denial.
    (2) Within ten (10) calendar days of receipt of the aforesaid 
notice of intent to deny the application in paragraph (g)(1) of this 
section, the applicant shall have an opportunity to demonstrate why the 
application should be approved, and may submit to ECD any statement or 
information including, if appropriate, any documentary evidence or 
affidavits in support of its application.
    (3) ECD shall review and consider the applicant's submission and 
thereafter notify the applicant in writing of its decision on whether 
the application for redesignation will be approved. In the event that 
the decision is to deny the applicant, such notice shall advise the 
applicant of its right to appeal the denial and of its right to a 
formal hearing thereon.
    (4) The applicant may, within twenty (20) calendar days after 
receipt of the notice of denial in paragraph (g)(3) of this section, 
appeal the denial to the Board by filing a notice of appeal with the 
Principal Deputy Assistant Secretary.
    (5) Upon receipt of the notice of appeal the Principal Deputy 
Assistant Secretary, or his or her designee shall, within ten (10) 
calendar days, convene the Board. Thereafter, proceedings before the 
Board shall follow the regulations set forth in paragraph (i) of this 
section.
    (h) The Exchange Visitor Program Designation, Suspension, and 
Revocation Board. (1) The Exchange Visitor Program Designation, 
Suspension, and Revocation Board (``Board'') shall consist of:
    (i) The Deputy Assistant Secretary for Academic Programs of the 
Bureau of Educational and Cultural Affairs, or his or her designee, who 
shall also serve as presiding officer of the Board;
    (ii) The Executive Director, Office of the Executive Director of 
the Bureau of Educational and Cultural Affairs, or his or her designee; 
and
    (iii) The Director, Office of Policy and Evaluation of the Bureau 
of Educational and Cultural Affairs, or his or her designee.
    (2) The Office of the Legal Adviser of the Department of State 
shall appoint an attorney from the Office of the Legal Adviser to 
present the case to the Board on behalf of the Department. Such 
attorney shall not take part in the deliberations of the Board.
    (3) The Office of the Legal Adviser of the Department of State 
shall also appoint an attorney in the Office of the Legal Adviser to 
serve as a legal adviser to the Board. Such attorney shall not have had 
any substantial prior involvement with the particular case pending 
before the Board.
    (i) General powers of the Board. At any hearing before the Board 
pursuant to this Part, the Board may:
    (1) Administer oaths and affirmations;

[[Page 17615]]

    (2) Rule on offers of proof and receive any oral or documentary 
evidence;
    (3) Require the parties to submit lists of proposed witnesses and 
exhibits, and otherwise regulate the course of the hearing;
    (4) Hold conferences for the settlement or simplification of the 
issues by consent of the parties;
    (5) Dispose of motions, procedural requests, or similar matters; 
and
    (6) Make decisions, which shall include findings of fact and 
conclusions of law on all the material issues of fact, law or 
discretion presented on the record, and the appropriate sanction or 
denial thereof.
    (j) Proceedings before the Board. The following procedures shall 
govern all designation, suspension, summary suspension, and revocation 
proceedings before the Board:
    (1) Upon being convened, the Board shall schedule a hearing, within 
ten (10) calendar days, at which hearing the parties may appear on 
their own behalf or by counsel, present oral or written evidence, and 
cross-examine witnesses. A substantially verbatim record of the hearing 
shall be made and shall become a part of the record of the proceeding;
    (2) At the conclusion of the hearing, the Board shall promptly 
review the evidence and issue a written decision within ten (10) 
calendar days, signed by a majority of the members, stating the basis 
for its decision. The decision of the majority shall be the decision of 
the Board. If a Board member disagrees with the majority, the member 
may write a dissenting opinion;
    (3) If the Board decides to affirm the suspension, summary 
suspension, revocation, or denial of redesignation, a copy of its 
decision shall be delivered to ECD, the sponsor, the Immigration and 
Naturalization Service, and the Bureau of Consular Affairs of the 
Department of State. ECD, at its discretion, may distribute the Board's 
decision as it deems appropriate; and
    (4) The suspension, revocation, or denial of designation shall be 
effective as of the date of the Board's decision.
    (k) Effect of suspension, summary suspension, revocation, or denial 
of redesignation. A sponsor against which an order of suspension, 
summary suspension, revocation, or denial of redesignation has been 
entered shall not thereafter issue any Certificate of Eligibility for 
Exchange Visitor Status, advertise, recruit, or otherwise promote its 
program, and under no circumstances shall the sponsor facilitate the 
entry of an exchange visitor. Suspension, summary suspension, 
revocation, or denial of redesignation shall not invalidate any 
Certificate of Eligibility for Exchange Visitor Status issued prior to 
the effective date of the suspension, summary suspension, revocation, 
or denial of redesignation, nor shall the suspension, summary 
suspension, revocation, or denial of redesignation in any way diminish 
or restrict the sponsor's legal or financial responsibilities to 
existing program participants.
    (l) Miscellaneous--(1) Computation of time. In computing any period 
of time prescribed or allowed by the regulations in this section, the 
day of the act or event from which the designated period of time begins 
to run shall not be included. The last day of the period so computed 
shall be included unless it is a Saturday, a Sunday, or a federal legal 
holiday, in which event the period runs until the end of the next day 
which is not one of the aforementioned days. When the period of time 
prescribed or allowed is less than eleven (11) days, intermediate 
Saturdays, Sundays, or federal legal holidays shall be excluded in the 
computation.
    (2) Service of notice on sponsor. When used in this part the terms 
``written notice to the sponsor'' shall mean service of written notice 
by mail, delivery or facsimile, upon either the president, managing 
director, responsible officer, or alternate responsible officer of the 
sponsor.

    6. Subpart E is revised to read as follows:
Subpart E--Termination and Revocation of Programs
Sec.
62.60  Termination of designation.
62.61  Revocation.
62.62  Responsibilities of the sponsor upon termination or 
revocation.

Subpart E--Termination and Revocation of Programs


Sec. 62.20  Termination of designation.

    Designation shall be terminated when any of the circumstances set 
forth in this section occur.
    (a) Voluntary termination. A sponsor may voluntarily terminate its 
designation by notifying the Department of State of such intent. The 
sponsor's designation shall terminate upon such notification. Such 
sponsor may reapply for designation.
    (b) Inactivity. A sponsor's designation shall automatically 
terminate for inactivity if the sponsor fails to comply with the 
minimum size or duration requirements, as specified in Sec. 62.8 (a) 
and (b), in any twelve month period. Such sponsor may reapply for 
program designation.
    (c) Failure to file annual reports. A sponsor's designation shall 
automatically terminate if the sponsor fails to file annual reports for 
two consecutive years. Such sponsor is eligible to reapply for program 
designation upon the filing of the past due annual reports.
    (d) Change in ownership or control. An exchange visitor program 
designation is not assignable or transferable. A major change in 
ownership or control automatically terminates the designation. However, 
the successor sponsor may apply to the Department of State for 
redesignation and may continue its exchange visitor activities while 
approval of the application for redesignation is pending before the 
Department of State:
    (1) With respect to a for-profit corporation, a major change in 
ownership shall be deemed to have occurred when thirty-three and one-
third percent (33\1/3\ percent) or more of its stock is sold or 
otherwise transferred within a 12 month period;
    (2) With respect to a not-for-profit corporation, a major change of 
control shall be deemed to have occurred when fifty-one percent or more 
of the board of trustees, or other like body vested with its 
management, is replaced within a 12-month period.
    (e) Loss of licensure or accreditation. A sponsor's designation 
shall automatically terminate in the event that the sponsor fails to 
remain in compliance with local, state, federal, or professional 
requirements necessary to carry out the activity for which it is 
designated, including loss of accreditation or licensure.
    (f) Failure to apply for redesignation. Prior to the conclusion of 
its current designation period, the sponsor is required to apply for 
redesignation pursuant to the terms and conditions of Sec. 62.7. 
Failure to apply for redesignation will result in the automatic 
termination of the sponsor's designation. If so terminated, the former 
sponsor may apply for a new designation, but the program activity will 
be suspended during the pendency of the application.


Sec. 62.61  Revocation.

    A designation may be terminated by revocation for cause as 
specified in Sec. 62.50. A sponsor whose designation has been revoked 
may not apply for a new designation within a five-year period.


Sec. 62.62.  Responsibilities of the sponsor upon termination or 
revocation.

    Upon termination or revocation of its designation, the sponsor 
shall:

[[Page 17616]]

    (a) Fulfill its responsibilities to all exchange visitors who are 
in the United States at the time of the termination or revocation;
    (b) Notify exchange visitors who have not entered the United States 
that the program has been terminated unless a transfer to another 
designated program can be obtained; and
    (c) Return all Certificate of Eligibility Forms in the sponsor's 
possession to the Department of State within thirty (30) calendar days 
of program termination or revocation.

    Dated: March 1, 2002.
Patricia S. Harrison,
Assistant Secretary for Educational and Cultural Affairs, Department of 
State.
[FR Doc. 02-6072 Filed 4-10-02; 8:45 am]
BILLING CODE 4710-05-P



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