MECEA Section 108A

Table of Contents

Introduction

The information below provides a primer on Section 108A of the Mutual Educational and Cultural Exchange Act of 1961 (MECEA) and the process related to establishing a cultural exchange program under this statute. It covers the basic points that need to be addressed in a letter of request for approval of a program under MECEA Section 108A (22 U.S.C. 2458a).

U.S. federal employees may not accept payment for travel from foreign governments unless authorized to do so by Congress. Under the provisions of MECEA Section 108A, however, the U.S. Department of State may, upon application by a foreign government, approve that government’s cultural exchange program. Foreign governments with approved programs are authorized to fund the participation of U.S. federal employees (which may include Members of Congress and Congressional Staff) for travel and activities as specified in their approved program. In general, these programs are conducted to assist in increasing mutual understanding between the people of the United States and the people of other countries.

Programs authorized under MECEA Section 108A do not currently have an expiration date, so it is recommended that applicants take a long-term perspective in the development of cultural exchange program they wish to sponsor, rather than just focus on any one upcoming trip, to help ensure that the program remains relevant over time. In general, programming should provide participants with a better understanding of the host country, its people, and its culture.

The U.S. Department of State’s Office of Policy, Planning, and Resources (R/PPR) administers MECEA Section 108A requests under the regulations set forth in 22 C.F.R Part 64. Section 108A authorized programs have requirements that may differ from other types of travel on which U.S. federal employees may participate. For example, sponsoring governments must attest that no funding may be provided for expenses incurred by or for any member of the family or household of participating federal employees. Under the regulations, if at any time it appears that the purpose of an approved program has been changed so that it no longer meets the regulatory criteria or that the program is being misused, the Department of State has the authority to terminate approval or to suspend approval, pending additional information.

R/RPR also administers the MECEA Section 108A application process. It is recommended that applicants work with the office in advance of formal submission of a letter of request to address any questions or issues and mitigate any technical oversight. A copy of the final signed letter of request should also be provided to this office to help ensure the expeditious and proper handling of a clearance package for that request. Questions related to MECEA Section 108A and the application process may be sent to R/PRP staff at: MeceaSection108A@state.gov

MECEA Application Process Overview

Representatives of foreign governments may call or write to the U.S. Department of State to inquire about the application for and conduct of cultural exchange programs under Section 108A of the Mutual Educational and Cultural Exchange Act of 1961 (MECEA), as amended.

The Office of Policy, Planning and Resources (R/PPR) at the Department of State has administrative oversight of the MECEA Section 108A application process. The R/PPR MECEA coordinator responds to calls or inquiries on MECEA Section 108A and can provide guidance on the application and approval process. The lead can also provide assistance on questions that pertain to cultural exchange programs conducted under MECEA Section 108A, in general, including the rules and regulations.

Foreign governments interested in receiving consideration of a cultural exchange program they sponsor for approval under MECEA Section 108A must submit a formal request to the U.S. Department of State which is in conformity with the requirements established in 22 C.F.R. Part 64. All such requests will be routed to ECA for administrative review and processing.

The MECEA coordinator conducts a thorough review of every request for consideration under MECEA Section 108A. Proposed activities must be of the type referred to in Sections 101 and 102 (a)(2)(i) of MECEA (22 U.S.C. 2451 and 2452(a)(2)(i)), and the request must properly address all the stipulated requirements. If the application is incomplete, additional or clarifying information is requested from the applicant. Applicants may be asked to resubmit their request. It is therefore recommended that interested applicants contact the ECA before making a formal request. Additionally, only proposals from eligible foreign governments, as defined in 22 C.F.R. Part 64, will be considered.

If the application from a foreign government is complete, the MECEA coordinator will develop an official package and route it through a clearance process to obtain a decision on the request. Final decision and signing authority has most recently been delegated to the Assistant Secretary of State for Educational and Cultural Affairs.

If the program request is approved, an official letter of approval will be sent from the U.S. Department of State to the appropriate representative of the requesting foreign government, who is normally the official signatory on the foreign government’s formal application.

Notifications of approval are also sent by R/PPR to the appropriate points of contact at the Department of State and to the House and Senate Ethics Committees.

Letters of Request for Establishing an Exchange Program

The request process for a new MECEA Section 108A program requires the submission of an application to the U.S. Department of State formally requesting the establishment of an exchange program that meets the requirements of MECEA Section 108A and the regulations at 22 C.F.R. Part 64. This is essentially a letter of request, which is typically signed by the requesting foreign government’s ambassador to the United States or his/her designated representative.

The following outlines specific information condensed from the C.F.R. and other guidance to be incorporated into such a letter of request:

  • The proposed formal name of the exchange program to be enacted (note that should the program be authorized this becomes the official name of the program and should be included on all invitations and other references to the program).
  • A description of the planned exchange program, including who will be the target participants, and the types of activities in which these program participants will engage.
  • Citation of the provision of legislation or regulation authorizing the program (which is the same as noted in the introductory paragraph above).
  • The number of expected participants for each program visit (this can be a range).
  • The average duration of stay abroad on each visit (number of days).
  • The number of U.S. citizens expected to participate in this program annually.
  • The agency of the host government responsible for the program (this is typically the foreign ministry).
  • The name and address of the host government contact in the United States with whom communication may be made with respect to the program, including telephone and email contact information (this is usually within the foreign embassy to the United States).
  • A written attestation within the letter that specifically states that a grant under the program will not provide assistance with respect to any expenses incurred by or for any member of the family or household of participating federal employees.
  • An attestation that all travel and activities will be funded by the host government sponsoring the program and that no private funds will be used.

The letter of request would normally be addressed to the Under Secretary of State for Public Diplomacy who, pursuant to Delegation of Authority No. 475 of August 1, 2019 has approval authority for such requests.

MECEA Section 108A Program Roster

 

Government/Country of Origin MECEA Section 108A Program Title
Algeria Algerian Educational and Cultural Visit Program
Argentina Argentine-U.S. Exchange Program
Armenia Armenia Visit Program
Australia Special Visits Program of the Australian Government
Austria George C. Marshall Visit to Austria
Azerbaijan Azerbaijan-U.S. Cultural and Educational Exchange Program
Bahrain Bahrain-U.S. Cultural Exchange Program
Bahrain Congressional Staffer Delegation Visits
Bermuda Bermuda Exchange for Mutual Understanding
Brazil Brazil-U.S. Educational and Cultural Exchange Program
Brunei Brunei Darussalam Visit Program
Cambodia The United States and Cambodia Educational and Cultural Exchange Program
Canada International Visits Program
Colombia Colombia-U.S. Congressional Exchange Program
Croatia Croatia Visit Program
Cyprus United States and Cyprus Exchange Program
Czech Republic Czech Visit Program
Denmark Denmark-United States Educational and Cultural Exchange Program
Dominican Republic Dominican Republic Visitors Program
Egypt Egypt-United States Visit Program
Equatorial Guinea United States-Equatorial Guinea Cultural Exchange Program
Estonia Estonia-U.S. Mutual Educational and Cultural Exchange Program
European Union The European Union-United States Cultural Exchange Program
European Union European Union Visitors Program
European Union Transatlantic Briefing Tours Program (co-sponsored with NATO)
Finland Finnish American Congressional Staffer Travel and Exchange Program (FACSTEP)
Finland Finnish American Congressional Travel, Partnership and Exchange Program (FACTPEP)
France France International Visitors Program
France French International Visitors Program for Agricultural and Trade Relations
France French International Visitors Program for Defense
France France Invitational Cultural Exchange Program
France French International Visitors Program for Commercial and Economic Relations
Georgia U.S.-Georgia Educational and Cultural Exchange Program
Germany The Aspen Institute Germany Bundestag and Congress Staffers’ Exchange Program
Germany Congress-Bundestag Seminar Program
Germany Congressional Staffer Briefing Tour/Konrad Adenauer Foundation
Germany Congressional Staffers Study Tour
Germany Congressional Study and Information Tour for German American Understanding/Checkpoint Charlie Foundation
Germany German-American Energy Future Exchange (EFEX)
Germany German Marshall Fund
Germany Global Atlanticists Program/Friedrich Ebert Foundation
Germany Global Dialogue Program/Heinrich Boll Foundation
Germany Guest Program of the Federal Republic of Germany
Germany Hanns-Seidel Memorial Fellowship Travel Program
Germany Manfred Worner Seminar for German-American Understanding
Germany The Aspen Institute Germany Transatlantic Dialog – Learning From Each Other
Germany Transatlantic Dialogue Study and Information Tour/Friedrich Naumann Foundation
Germany Transatlantic Dialogue Program/Heinrich Boll Foundation
Germany U.S.-German Congressional European Parliamentary Initiative (CEPI)
Germany Visitors Program of the Federal Republic of Germany
Greece Greek Visit Program
Guyana Guyana-U.S. Bilateral Exchange Program
Honduras Honduras Into the Future Program
Hungary Transatlantic Leadership Initiative
Indonesia U.S.-Indonesia Dialogue Program
Iceland Iceland Fisheries Exchange Program
Iceland Iceland Visit Program
India United States Visitors to India Program (US-VIP)
International Organization for Migration (IOM) IOM Field Education Program
Israel U.S.-Israel Parliamentary Seminar
Israel Young Jewish Leadership Diplomatic Seminar (YJLDS)
Italy Italy Visit Program
Jamaica Visitors Programme of Jamaica
Japan Center for International Research on the Japanese Economy
Japan Japan’s Invitation Program for Ministers/Strategic Exchanges on a Practical Level
Japan Kakehashi Project
Japan Japanese Muli-layered Network Building Program
Jordan Jordan Educational and Cultural Exchange Program
Kazakhstan Kazakhstan-U.S. Educational and Cultural Exchange Program
Kosovo U.S.-Kosovo Exchange Program
Kuwait  Kuwait Diplomatic Hospitality Program for the U.S. Congress and Official Delegation Program
Kyrgyzstan U.S.-Kyrgyzstan Friendship Program
Latvia Latvia-U.S. Mutual Educational and Cultural Exchange Act Program
Liechtenstein Liechtenstein-U.S. Educational and Cultural Exchange Program
Libya Libya-U.S. Congressional and Government Exchange Program
Lithuania U.S.-Lithuanian Cultural Exchange Program
Malaysia U.S.-Malaysia Friendship Program
Mexico Mexico Visit Program
Mexico Institute of Mexicans Abroad Educational and Cultural Exchange Program
Montenegro Montenegro-United States Educational and Cultural Exchange Program
Morocco A Partnership for Dialogue
North Atlantic Treaty Organization (NATO) Transatlantic Briefing Tours Program (co-sponsored with the EU)
Netherlands The Kingdom of the Netherlands Educational and Cultural Exchange Program
New Zealand Overseas Visitor Programme
New Zealand New Zealand Government Visitors Program
Nigeria Program for U.S.-Nigerian Mutual Understanding (PUNMU)
Norway Norwegian-American Parliamentary Exchange Program
Oman Oman-U.S. Federal Employee Visitor Program
Oman United States and Oman Cultural Exchange Program
Organization for Economic Cooperation and Development Organization for Economic Cooperation and Development (OECD) Professional Exchange Program
Pakistan Pakistan-United States Educational and Cultural Exchange Program
Panama Panama-U.S. Congressional Exchange Program
Poland U.S.-Polish Educational and Cultural Exchange Program
Qatar Qatari-U.S. Educational and Cultural Exchange Program
Romania Romania – United States Exchange Program
Rwanda Rwanda Visit Program
Saudi Arabia Saudi-U.S. Congressional Education Exchange Program
Serbia Serbia-United States Visit Program
Singapore Singapore-U.S.Educational and Cultural Exchange Program
Slovakia Slovak Visit Program
South Africa Invitational Visitors Program
South Africa South African Tourism Board (SATOUR) VIP Cultural Exchange Programme
South Korea The Congressional Member Exchange Program (CMEP)
South Korea Korean Government Congressional Staff Economic Exchange Program
South Korea Korean Government Congressional Staff Foreign Affairs Exchange
Spain Hispanic Leaders Program
Spain Spain – U.S. Congressional Exchange and Visitor Program
Sri Lanka Sri Lanka-U.S. Parliamentary Exchange Programme
Sweden Swedish Visit Program
Switzerland The U.S. Congressional Staff Tour of Switzerland
Switzerland The Members of Congress Study Tour to Switzerland
Taiwan Congressional Taiwan Study Program
Thailand Thailand-U.S. Educational and Cultural Exchange Program
Trinidad and Tobago The Trinidad and Tobago Visit Program
Turkey Turkey-U.S. Exchange Program
United Arab Emirates United Arab Emirates-U.S. Congressional Exchange Program
United Kingdom United Kingdom Foreign and Commonwealth Office Exchanges (FCO Programmes)
United Nations International Legal Resource Center/United Nations Development Program
United Nations UNHCR Field Education Program
Uzbekistan U.S.-Uzbekistan Friendship Program
Venezuela Venezuelan-U.S. Natural Resources Information Exchange
Vietnam Vietnam-U.S. Friendship Exchange Program
Yemen Yemen-U.S. Congressional Exchange Program

FAQs

FAQs for U.S. Government Employees on Foreign Government-Sponsored Exchange Programs Authorized under Section 108A of the Mutual Educational and Cultural Exchange Act of 1961

Who can be invited on a MECEA Section 108A program?

Foreign governments with approved MECEA Section 108A programs can invite and fund the participation of U.S. federal employees, including Members of Congress and congressional staff, as specified in their approved programs.

How do I accept participation in a foreign government-sponsored exchange program?

Federal employees who receive an invitation under an approved program may not accept the offer unless they have first received a statement of no objection from their own employing agency. Once that statement has been received, the employee may accept the invitation.

Can I accept an invitation from a foreign government for travel and/or activities within the United States under an approved Section 108A program?

No. Travel and activities conducted as part of an approved foreign government-sponsored program are only allowed in the country, countries, and/or territory as defined within the program request presented to and approved by the U.S. Department of State.

Is an offer for participation in a foreign government-sponsored exchange program a gift?

Congress has consented to the acceptance of certain gifts from foreign governments, including travel, in limited circumstances. The provisions of MECEA Section 108A enable the U.S. Department of State to consider approval of a foreign government’s cultural exchange program so that U.S. federal employees may accept an invitation to participate in that program, which can include travel, meals, lodging, and activities, as may be authorized. Under 22 C.F.R. § 64.10, a grant made under an approved program shall not constitute a gift for purposes of the relevant sections of the United States Code (see 22 CFR § 10.735–203 and 5 U.S.C. § 7342).

Can I bring a member of my family or my household on an approved MECEA Section 108A program?

Under MECEA Section 108A and its implementing regulations, foreign governments may not provide funding for any expenses incurred by or for any member of the family or household of participating federal employees. Additionally, no program expenses may be paid by a private source. Members of the employee’s family or household may accompany the employee, with approval of the sponsoring foreign government, but all related travel expenses must be borne by the employee personally.

Does the U.S. Department of State approve individual trips?

While the U.S. Department of State has specific responsibility for initial program approval under MECEA Section 108A, it does not approve the individual trips conducted under an approved MECEA Section 108A program.

What are the start and end dates of an approved MECEA Section 108A program?

Typically, participation starts with departure from the United States on travel funded by the sponsoring government and ends upon return to the United States after participation on the approved foreign government funded program.

What is my responsibility as a participant on a Section 108A program?

It is the responsibility of all federal employees who participate on a MECEA Section 108A program to follow all federal ethics and other rules and regulations that may apply, and to comport themselves appropriately as a representative of the U.S. Government and as a guest of the sponsoring foreign government.

It is also the responsibility of all federal employees who participate on a MECEA Section 108A program to follow all federal ethics and other rules and regulations that may apply to their employment.

While on an approved MECEA Section 108A exchange program, can I travel and conduct activities in addition to those that were originally approved?

A foreign government with an approved MECEA Section 108A exchange program is responsible for program implementation in compliance with the terms of their approved program and related regulations. All travel must be to the destination(s) originally approved for the program which, unless otherwise defined and/or approved by the Department, is within the internationally recognized borders of the country, countries, and/or territory named in that approved program. In addition, participants on an approved MECEA Section 108A program are expected to travel and participate on program visits only as designed by the sponsoring foreign government in accordance with the approved terms of that MECEA Section 108A program.

What kind of oversight does the U.S. Department of State provide on MECEA Section 108A foreign government-sponsored exchange programs?

The Department does not monitor or track individual trips conducted under approved programs. The onus is on the sponsoring foreign government and the employee to comply with the regulations and the terms of their approved program in the conduct of all aspects of program planning and implementation. If at any time it appears that the purpose of an approved program has been changed so that it no longer meets the regulatory criteria, or that the program is being misused, the Secretary of State may terminate program approval, or suspend such approval pending receipt of additional information.

Should a sponsoring government have questions about program implementation, it is incumbent on that foreign government to contact the U.S. Department of State as far in advance of travel as practicable to afford sufficient time to address questions and resolve any issues properly.

Can participants request leave and/or other changes in travel plans on approved foreign government sponsored MECEA Section 108A programs for personal reasons?

In general, such a request may only be considered for modifications to travel that would take place prior to the official start or after the end of the planned formal program activities of an approved MECEA Section 108A program, contingent on approval by the participant’s agency for any leave, and support by the sponsoring government for such request, to include any changes to flights, including arrival and/or departure dates. If approved, any additional cost or burden due to changes in flights, including all lodging, meals, or other activity while on leave, will be the personal responsibility of the U.S. Government employee.

May I request changes to travel and/or activities to be conducted as part of the formal program on which I have been invited?

A foreign government may choose to invite participant input in the planning of a MECEA Section 108A program visit, but the sponsoring government still determines final visit plans. Furthermore, a foreign government with an approved program must comply with MECEA Section 108A regulations and does not have the authority to conduct unrestricted travel or other activities outside the scope of its approved program.

How do I prepare myself for participation in a MECEA Section 108A exchange program?

U.S. Government employees who have been invited to participate on an approved foreign government-sponsored exchange program may contact the U.S. Department of State, via the Bureau of Legislative Affairs, to arrange for a pre-trip briefing on the country and/or region to which they will be travelling. The specific desk(s) or office(s) that would provide such a briefing will vary, depending on the country or countries to which travel is anticipated. Such briefings often help provide context on issues of U.S. foreign policy and/or other considerations, as well as provide further background on cultural considerations such as appropriate conduct or expectations due to prevailing customs. At least one month’s advance notice prior to departure abroad is preferred to afford sufficient time for Department staff to prepare and set aside time for such a briefing.

What if I did not receive a pre-trip briefing from the State Department or have post-trip questions?

U.S. Government employees are welcome to request a post-trip briefing from the U.S. Department of State, via the Bureau of Legislative Affairs, even if they received a pre-trip briefing. A post-trip briefing enables participants to ask questions or express any concerns about what they saw or experienced in the country or countries they visited, and to receive nuanced feedback, which can provide added perspective within the context of U.S. foreign policy and/or other considerations.

Do I need to report my participation on a MECEA Section 108A exchange program?

Congressional Members and eligible staff who participate on an approved MECEA Section 108A program must disclose all MECEA travel on an annual Financial Disclosure Statement provided by the House and Senate Ethics Committees and filed with the Clerk of the House and Secretary of the Senate, respectively. They and other U.S. Government participants should follow any other reporting requirements as may be defined by their own agency.

If I wish to assist a foreign government in getting a program considered under MECEA Section 108A, what should I know?

The Department of State administers Section 108A MECEA requests under regulations set forth in 22 CFR Part 64. Foreign governments interested in conducting cultural exchange programs under MECEA Section 108A must follow those regulations and submit a letter of request to the U.S. Department of State for approval of the proposed program. A request must include specific information on the proposed exchange, as outlined in the regulations and requested by the Department of State. Under the regulations, a foreign government is defined as “a foreign government and an official agent or representative thereof; a group of governments and an official agent or representative thereof; an international organization composed of governments, and an official agent or representative thereof.” The U.S. Department of State retains the right to determine the eligibility of a requester and the discretion to approve or deny such request. This process is conducted by designated staff in the Department of State’s Bureau of Educational and Cultural Affairs.

Who can I contact at the U.S. Department of State on questions related to foreign government-sponsored exchange programs under MECEA Section 108A?

Questions related to Section 108A of the Mutual Educational and Cultural Exchange Act of 1961 may be addressed to the Department of State’s Office of Policy, Planning, and Resources via the following email address: MeceaSection108A@state.gov