DOBLAJE Decree 1091/88 Regulation of Act No. 23,316
Bs. As., 18/8/88
VISTO the sanction of Law No. 23,316 on the subject of bent, and
That Law 23.316 seeks to bring to the Argentine audience films that are bent by announcers who possess our phonetic characteristics, promoting the development of an industry that has real export potential.
That it is up to the regulation of a law to specify those aspects that make their way of realization and the agile performance of those who are affected by it, establishing procedures that, at the same time, allow proper implementation of the will of the legislator, facilitate compliance with the obligations established by the actors involved and ensure effective control of the achievement of the objectives proposed by the Legislative Power.
That the measure is determined under article 86, paragraph 2, of the National Constitution.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT: Article 1
- For the purposes of the law, it will be understood by "neutral Spanish language", by speaking pure, phonetic, semantic and syntactically, known and accepted by all the Spanish speaking public, free of regional idioms and expressions of sectors.
Their use should not denaturalize the works, particularly with regard to the composition of characters that require typical language. Art. 2o
- Importing-distributing companies should manage the televising permit for any material that is marketed in the country. If the material has been folded in the country, the permit will be accompanied by the bent certification.
The following procedure is established:
(a) An import, prior to its marketing, shall be declared by the importer-distributor to the National Institute of Cinematography, indicating its duration and category.
If the requirements of article 3 of the present regulation are satisfied, the Institute shall extend the permit for televising within five working days of its application.
(b) Made the folding of a material, in the country, prior to its marketing, the importer-distributor will declare it, adding to the import declaration the certification of the study and/or laboratory where they made or hired the folds. The National Institute of Cinematography will verify its regular registration in the Register of Studies and Laboratories of Doblaje and will extend the certificate of doubling within five working days of your application. Art. 3o
The requirements of the National Institute of Cinematography to extend the televising permit of a given material shall be as follows:
I) That the importing-distributing company is registered in the Register of Importing Companies-Distributors of Programs Packaging for Television.
II) That such material is free of debt to the National Institute of Cinematography.
The debt that prevents the issuance of the permit is the lack of payment of the import right and of the other taxes that tax the import for the goods, duly notified by the National Customs Administration to the National Institute of Cinematography.
III) That the National Institute of Cinematography does not contain that the importing-exporting company is disqualified by a firm court ruling to exercise trade for breach of contractual obligations, as it arises from article 7o in fine of the law. Art. 4o
- The dissemination of current journalistic material, in news or equivalent information programmes, is exempt from the obligation of doubling. Art. 5o
- The percentages and deadlines, established in articles 2 and 4 of the law, shall govern in relation to the material effectively marketed by the importing-distributing companies, and in no case on the material they may import or have in deposit for their eventual sale, whether or not they are doubled.
For the purpose of calculating the doubling percentage carried out by importing-exporting companies, the filming footage marketed to a channel will be computed. The repetition of the sale of the same film material to another or more channels will be computed for the calculation of the percentage as another original sale, as well as its marketing to channels from other countries. Art. 6th
- Television channels covered by Article 5 of the Act should submit to the National Institute for Cinematography on a quarterly basis the documentation that demonstrates compliance with the percentages of material folded in the country. They should also indicate the duration and category of the material, bent or undoubted, and discriminate the materials by direct import of the channel and its different suppliers. Art. 7o
- The importing-distributing companies referred to in article 9 of the Act shall submit to the National Institute of Cinematography the affidavits within fifteen working days after the expiration of each quarter and for the purpose of verifying the fulfilment of the obligations set out in articles 2o, 3o and 4o.
To this end, they must submit a complete listing of the material by it marketed, folded or not folded, indicating duration, category, buyers and, if applicable, indication of the study or folding lab that folds the material. They will set the percentage of double for the quarter.
In order to comply with articles 2, 4 and 5 of the Act, the excesses or deficits reached will be reported in the following quarter.
Negative deviations of compliance that do not exceed 10% of the total methrax will not be considered. Art. 8o
- The institutions designated for quality control, referred to in article 11 of the Act, shall designate, whenever necessary, a representative to the National Institute of Cinematography.
The Commission shall have a seat at the National Institute of Cinematography and shall, in all cases, cite the importer-distributor of the material, as well as the study and/or folding lab that it did, informing them of the charges of the channel and in response to their explanations, if there were any before giving the opinion. Art. 9th
The recourse of the Quality Control Commission shall not be appropriate in the following cases:
(a) When the folding of the material has been completed prior to its final acquisition by the channel.
(b) When the purchase of an undoubted material is accompanied by a written designation of a specific bent laboratory or study of common agreement between the importer-distributor and the channel. Art. 10.
- They'll be punished.
(a) A fine of up to 100 (A 100) per minute of non-compliance with channels that have not met the percentages and deadlines set out in article 5 of the Act.
(b) With a fine of up to ten thousand (A 10,000) to the channels that emit material that do not have the proper permission of the televisation and, if possible, certificate of fold extended by the National Institute of Cinematography. Art. 11.
- For the purpose of determining the amounts of the fines to be applied, the type of infringement, the severity of the offence, the size of the company and other circumstances shall be taken into account. In case of recidivism, the penalty may be up to double.
The amounts set above will be updated quarterly on the basis of the higher price index, general level, published by the National Statistical and Census Institute.
The amount of applied fines not paid in full shall be updated according to the variation in the price index at the highest level, published by the National Institute of Statistics and Censuses, from the date of notification of the resolution imposing the penalty to that of its effective payment. Art. 12.
- The National Institute for Cinematography shall apply the corresponding penalties. It shall quote the summary by granting it a period of ten (10) working days to present its defence and to provide the relevant evidence, which shall be subject to the National Law on Administrative Procedures and its regulation. Art. 13.
- The collection of final fines not paid in full shall be effected by the procedure of fiscal execution provided for in articles 604 and 605 of the Code of Civil and Commercial Procedure of the Nation, with sufficient title to be provided by the National Institute of Cinematography. Art. 14.
- The Film Development Fund established by article 24 of Act No. 17.741 (as amended by Act No. 20.170) will be increased with the contributions of the fines set out in this Decree. Art. 15
. - For the purposes of article 3 of the Act, the application for the opening of a double, state or private, shall be processed before the Ministry of Education and Justice of the Nation. Schools should adjust their teaching programmes to the regulations to be issued by a commission consisting of one (1) representative of the Higher Institute of Radio Education, one (1) representative of the Ministry of Education and Justice of the Nation, one (1) representative of the Association of Actors, one (1) representative of the National Institute of Cinematography, one (1) representative of registered Doblaje Laboratories, and one (1) representative of the National School of Dramatic Art.
Minimum education plans will be required in both the new schools and the ISER or the Argentine Association of Actors.
The minimum education programmes shall be determined by the commission within 60 days of the entry into force of this regulation. Art. 16.
- The graduates of institutions that have obtained official recognition of their titles, for the purposes of folding, are enabled to indistinctly fold materials of dramatic and non-fiction fiction. Art. 17.
- Programs for foreign collectivities may not include, for the purposes of the law, series or feature films. Art. 18.
- The National Customs Administration will proceed with the application of the material in question, the simplified dispatch system (DIS) when it comes to importing, and the system of the urgent shipping permit (PEU), when it comes to export. Art. 19.
- Please refer to the MINISTERY OF ECONOMY to agree to return taxes on the export of material doubled in the country, in accordance with the provisions of Decree No. 1555 of September 4, 1986. Art. 20.
- For the purpose of the renewal of the permits for the televising of the imported materials before the entry into force of the law, the renewal shall be made through the request of the permit for the televisation, as set out in article 2 of this regulation.
Art. 21. -- Quarters corresponding to arts. 6th and 7th of this regulation will expire on the last day of March, June, September and December.
Art. 22. The National Institute of Cinematography, within thirty (30) days of the date of the dictation of the present decree, shall elevate to the National Executive, the new organic-functional structure of the entity, in which an organic unit will be incorporated that assumes its full responsibility, the tasks and functions envisaged here, as well as the charges to equip the unit and the remaining areas of the Institute that will see increased its functions of the necessary human resources for its operation.
The National Executive Branch shall incorporate into the current budget of the National Institute of Cinematography the necessary credits and resources to meet the provisions contained in paragraph 1 of this article and all those erogations to which this act is enforced.
Art. 23. The deadlines set by law shall be 60 (60) days of compliance with the provisions of the preceding article.
Art. 24. -- Contact, etc. -- Alfonsín. -- Sabato. - Sourrouille. - Brodersohn. Bastianes.
(*) In the Vistos, reference is made to Law 23.316.