62.9—General obligations of sponsors.
(a) Adherence to Department of State regulations.
Sponsors are required to adhere to all regulations set forth in this part.
(b) Legal status.
Sponsors shall maintain legal status. A change in a sponsor's legal status (e.g. partnership to corporation) shall require application for designation of the new legal entity.
(c) Accreditation and licensure.
Sponsors shall remain in compliance with all local, state, federal, and professional requirements necessary to carry out the activity for which they are designated, including accreditation and licensure, if applicable.
(1)
Provide accurate and complete information, to the extent lawfully permitted, to the Department of State regarding their exchange visitor programs and exchange visitors;
(2)
Provide only accurate information to the public when advertising their exchange visitor programs or responding to public inquiries;
(3)
Provide informational materials to prospective exchange visitors which clearly explain the activities, costs, conditions, and restrictions of the program;
(4)
Not use program numbers on any advertising materials or publications intended for general circulation; and
(5)
Not represent that any program is endorsed, sponsored, or supported by the Department of State or the United States Government, except for United States Government sponsors or exchange visitor programs financed directly by the United States Government to promote international educational exchanges. However, sponsors may represent that they are designated by the Department of State as a sponsor of an exchange visitor program.
(e) Financial responsibility.
(1)
Sponsors shall maintain the financial capability to meet at all times their financial obligations and responsibilities attendant to successful sponsorship of their exchange visitor programs.
(2)
The Department of State may require non-government sponsors to provide evidence satisfactory to the Department of State that funds necessary to fulfill all obligations and responsibilities attendant to sponsorship of exchange visitors are readily available and in the sponsor's control, including such supplementary or explanatory financial information as the Department of State may deem appropriate such as, for example, audited financial statements.
(3)
The Department of State may require any non-government sponsor to secure a payment bond in favor of the Department of State guaranteeing all financial obligations arising from the sponsorship of exchange visitors.
(1)
Adequate staffing and sufficient support services to administer their exchange visitor programs; and
(2)
That their employees, officers, agents, and third parties involved in the administration of their exchange visitor programs are adequately qualified, appropriately trained, and comply with the Exchange Visitor Program regulations.
(g) Appointment of responsible officer.
(1)
The sponsor shall appoint a responsible officer and such alternate responsible officers as may be necessary to perform the duties set forth at § 62.11.
(2)
The responsible officer and alternate responsible officers shall be employees or officers of the sponsor. The Department of State may, however, in its discretion, authorize the appointment of an individual who is not an employee or officer to serve as an alternate responsible officer, when approved by the sponsor.
(3)
The Department of State may limit the number of alternate responsible officers appointed by the sponsor.