Quote:
Originally Posted by ExtremeBank_Adam
I have read the law. And, USC 2257 is only PART of what you need to know. In fact, the link that you included shows EXACTLY what I mean.
Near the top of that page is a tab that says "Authorities (CFR)". That is the Code of Federal Regulations that pertain to USC 2257. Click that tab and you will see all of the CFR's that need to be observed. There is only one listed: 28 CFR Part 75
From there, observe 28 CFR 75.2, which outlines the "Maintenance of Records".
§ 75.2 Maintenance of records, says in part, that a "picture identification card" must be presented by the model.
§ 75.1 Definitions, defines exactly what a "picture identification card" is, as it pertains to USC 2257 and 28 CFR Part 75:
To paraphrase, you must use a document issued by the United States (or one of it's states). The only way you can present a foreign government issued ID is if the model is a non-US citizen located OUTSIDE of the US during production AND the producer is located OUTSIDE of the US during production.
Now, you can interpret that any way you'd like, but it's pretty clear to me.
You were saying?
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The original poster asked if a lawyer was in the house. Yes, there is. And 2257 compliance has always been a big part of our practice.
ExtremeBank_Adam's answer probably nails it.
But perhaps, maybe, there may be a non-obvious work around for at least certain foreign performers. Some of them are admitted entry into the US only after obtaining a US Visa, depending on their nation of origin. They obtain that visa by bringing a passport to a US consular service location overseas, proving identity, getting photographed, and paying a fee. The visa is placed into the passport of the alien by US State Department officials and has the form and purpose of an identification document when presented at Customs.
It looks like this:
us visa - Bing Images
Hard to imagine why that Visa, stamped into the alien performer's passport, does not meet the definition of a "Picture Identification card" within the meaning of Section 75.1 (b) of the Regulations.
You'll find the current regs at
XXXLAW - Section 2257 - Text of Regulations and this link will lead to the statute, regs, court decisions, and even audio recordings of oral argument in cases about Section 2257:
XXXLAW - Section 2257 - 2257 HOME PAGE