22 C.F.R. Subpart E—Termination and Revocation of Programs
Title 22 - Foreign Relations
Source: 67 FR 17615, April 11, 2002, unless otherwise noted.
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 §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 (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 §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. A designation may be terminated by revocation for cause as specified in §62.50. A sponsor whose designation has been revoked may not apply for a new designation within a five-year period. Upon termination or revocation of its designation, the sponsor shall: (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.
Title 22: Foreign Relations
PART 62—EXCHANGE VISITOR PROGRAM
Subpart E—Termination and Revocation of Programs
§ 62.60 Termination of designation.
§ 62.61 Revocation.
§ 62.62 Responsibilities of the sponsor upon termination or revocation.
