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Decree No. 6375, Of 19 February 2008

Original Language Title: Decreto nº 6.375, de 19 de Fevereiro de 2008

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DECREE NO 6,375, DE February 19, 2008.

Promulga the Agreement between the Government of Federative Republic of Brazil and the Government of the Federal Republic of Germany on Cinematographic Co-Production, celebrated in Berlin on February 17, 2005.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and

Considering that the Government of the Federative Republic of Brazil and the Government of the Federal Republic of Germany celebrated, in Berlin on February 17, 2005, an Agreement on Cinematographic Co-Production ;

Considering that the National Congress has approved this Agreement through Legislative Decree no 288, of October 23, 2007 ;

DECRETA:

Art. 1st The Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic Federal of Germany on Cinematographic Co-Production, celebrated in Berlin on February 17, 2005, apensed by copy to this Decree, will be executed and fulfilled as entirely as it contains.

Art. 2nd They are subject to approval by the National Congress any acts that may result in revision of the said Agreement, as well as any further adjustments that, in the terms of art. 49, inciso I, of the Constitution, carries charges or engraved commitments to the national heritage.

Art. 3rd This Decree goes into effect on the date of its publication.

Brasilia, February 19, 2008 ; 187º of the Independence and 120º of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

This text does not replace the published in the DOU of 2/20/2008

AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL AND

THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY ABOUT

CO-CINEMATOGRAPHIC PRODUCTION

The Government of the Federative Republic of Brazil

and

The Government of the Federal Republic of Germany

(henceforth named?Contracting Parties?),

Seeking to further develop the cooperation between the two countries in the cinematic area,

Wish to step up and favor film co-production, which will be able to promote the development of the film and audiovisual industries of both countries and the strengthening of reciprocal cultural and economic exchange,

Convinced that these forms of exchange will contribute to the intensification of relations between the two countries,

Wake up the following:

ARTICLE 1

Definitions

For the purposes of this Agreement

1. the term?competent authority? means: authority designated as such in the Annex by each Contracting Party ;

2. the term?co-producer? means: one or more Brazilian nationals or one or more German nationals involved in the realization of a film in co-production regime ;

3. the term?co-production film? means: a film carried out by one or more nationals of a Contracting Party in cooperation with one or more nationals of the other Contracting Party within the framework of a project jointly recognized by the competent authorities as a nationality teuto-Brazilian ;

4. the term?film? means: the set of images or images and sounds recorded in any material, including television and video recordings, animations, and productions in digital format ;

5. ?national? means

a) in relation to the Federal Republic of Germany:

-Germans under the Fundamental Law,

-persons belonging to the German cultural space, who have permanent residence in the Republic Federal of Germany,

-citizens of another Member State of the European Union, or

-citizens of another Contracting State of the Agreement on the European Economic Area, May 2, 1992 ;

b) in relation to the Federative Republic of Brazil:

-nate or naturalized citizens of the Federative Republic of Brazil,

-persons with permanent residence in the Federative Republic of Brazil.

ARTICLE 2

Habilitation to benefits

1. A co-production film gives right to all advantages that are agreed upon to national films by each of the Contracting Parties in accordance with their respective domestic legislation.

2. All the advantages that may be granted, within one of the two countries, in relation to a co-production film, will revert to the benefit of the co-producer, who is entitled to such advantages in accordance with the legislation of that Contracting Party.

ARTICLE 3

Approval of projects

1. Co-productions are subject to common approval by the competent authorities, in advance of the start of the shoot. Approvals will be communicated in writing, as per the respective domestic legislation, and should specify the conditions of concession. Co-producers may not be bound by administration, property or control in common.

2. When considering proposals for the realization of a co-production film, the competent authorities will act jointly, taking due consideration of their respective principles and guidelines and will apply the rules and principles set out in this Agreement as well as in its Attachment.

3. The provisional approval of a proposal for the realisation of a co-production film in accordance with paragraph 2 of the Annex does not oblique the competent authorities of any Contracting Party to grant leave for the display or transmission of the film.

ARTICLE 4

Contributions

1. For each co-production film

a) the participation of co-producers in casting and technical, artistic and creative team, and

b) the production expenses of the co-producer in the Federative Republic of Brazil or in another State Mercosur Contracting Party or the Federal Republic of Germany or another Member State of the European Union or in another Contracting State of the Agreement on the European Economic Area

should be in proportion compatible with the respective financial contributions.

2. The financial contribution as well as the participation of the cast and technical, artistic and creative team of each co-producer must together represent at least 20 (twenty) per cent of the total budget of the co-production film.

3. Notwithstanding the rules regarding participations, set out in paragraphs 1 and 2 of this Article, the competent authorities will jointly be able to approve films, in exceptional cases, if

a) the contribution of one of the co-producers can be limited to financial participation, in which case financial contribution should correspond to 20 (twenty) per cent or more of the total budget of the film ; or

b) the competent authorities consider that the project, even though it does not meet the rules of participation, favors the objectives of this Agreement, and should therefore be approved.

ARTICLE 5

Co-productions with third countries

1. Whenever the Federal Republic of Brazil or the Federal Republic of Germany maintains with a third country a film co-production agreement, the competent authorities will be able to approve, under this Agreement, a co-production project that bear on cooperation with a co-producer of the third country.

2. The approval, under this Article, is limited, however, to the projects in which the contribution of the co-producer of the third country does not exceed the lower of the individual contributions of the Brazilian and German co-producers.

ARTICLE 6

Participation

1. Persons who participate in a co-production film should be nationals of the Federative Republic of Brazil or another Contracting State of Mercosur and nationals of the Federal Republic of Germany or another Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area or, in the event that there is a third country co-producer, national of that third country.

2. In exceptional cases, competent authorities will be able to jointly approve films

a) in which the roadmap or funding requires the hiring of actors from other countries ; or

b) in which artistic or financial reasons require the hiring of technical personnel from others countries.

ARTICLE 7

Production up to the first copy

1. Co-production films will be produced and developed until the first copy in the Federative Republic of Brazil, in another Mercosur Contracting State in the Federal Republic of Germany, in another European Union member state, in another state Contractor to the Agreement on the European Economic Area and, if there is a third country co-producer, in that third country.

2. At least 90 (ninety) per cent of the filmed material of a co-production film should be specially filmed or created for the film, except if the competent authorities approve another procedure.

ARTICLE 8

Filming in location

1. Competent authorities will be able to approve filming in location in a country other than those of the co-producers.

2. Without prejudice to the provisions of Article 6, if the leasing footage is approved in accordance with this Article, nationals of the country in which the leasing footage takes place may be employed as extras, in small roles or as personal additional, whose services are required for the work on lease.

ARTICLE 9

Soundtrack

1 .The original soundtrack of each co-production film will be made in one of the official languages or dialects of the Federative Republic of Brazil or of the Federal Republic of Germany or in any combination of these approved languages or dialects.

2. It will allow for narration, dubbing and subtitled in any other language or dialect commonly used by the Federal Republic of Germany or the Federative Republic of Brazil.

3. It will allow for dubbing in any language for the release of the film in third countries.

4. The soundtrack may contain excerpts of dialogue in other languages, to the extent that such a procedure is required by the roadmap.

ARTICLE 10

Credits

A co-production film and the relevant advertising material should contain the indication that the movie is one?Brazilian-German official co-production? or one?official teuto-Brazilian co-production? or, where relevant, also the indication of the participation of a third co-producer country.

ARTICLE 11

Facilities

Within the framework of its respective legislation and other internal regulations, each Contracting Party will facilitate the entry and temporary residence in its territory to the technical and artistic staff of the other Contracting Party, as well as the granting of their respective work visas. Similarly, each Contracting Party will facilitate the temporary importation and re-export of equipment and materials necessary for the production of the film, as well as the transfer of foreign exchange intended for payments relating to co-production. These provisions shall also apply to the co-producers of third countries approved as per Article 5 of this Agreement.

ARTICLE 12

competent authorities

The competent authorities shall implement this Agreement together or individually and serve of intermediates in the event of difficulties of understanding between the co-producers, recommending measures and presenting proposals that are of mutual interest and promotion of film and audiovisual cooperation between the two countries.

ARTICLE 13

Joint Commission

1. A joint committee, which will meet alternately in the two countries, will examine, every three years, whether there is a balance in financial, artistic and technical terms between the two countries' holdings in co-productions.

2. The delegations of the Joint Committee shall be chaired by representatives of the Governments of the two countries. The presidents of both delegations will be supported by experts appointed by the competent authorities of both countries.

3. The Joint Commission shall task to evaluate the implementation and effectiveness of this Agreement, as well as to submit proposals for improvement, where relevant, of mutual interest and of the bilateral relationship.

4. Each Contracting Party may convene an extraordinary session of the Joint Committee, should it consider it necessary and provided that it is duly justified.

ARTICLE 14

Annex Statute

The Attachment constitutes an integral part of this Agreement.

ARTICLE 15

Protocols and supplemental adjustments

The Contracting Parties agree to develop cultural and economic exchange programs, in bilateral and multilateral level, so as to conclude complementary and protocolar adjustments that provide for the allocation of financial supports.

ARTICLE 16

Entry into vigor

1. This Agreement shall enter into force on the date of receipt by the Government of the Federal Republic of Germany of the notification by diplomatic means of the Government of the Federative Republic of Brazil communicating that the internal requirements for their effective.

2. On the date on which the present Agreement enters into force, the Agreement on film co-productions between the Government of the Federative Republic of Brazil and the Government of the Federal Republic of Germany of August 20, 1974 will cease to apply.

ARTICLE 17

Term of duration and complaint

1. This Agreement will have the duration of three years from the date of its entry into force, being automatically extended by successive periods of another three years. Each Contracting Party may denounce the Agreement, in writing and by diplomatic means, at a minimum of six months before the expiry of the three-year term, in which case the Agreement, due to be due to be six months, shall cease to apply.

2. Notwithstanding paragraph 1 of this Article, this Agreement will continue to apply, after its expiration, to the in-progress co-production films.

3. Registration of this Agreement with the United Nations Secretariat under Article 102 of the Charter of the United Nations shall be effected immediately after its entry into force by the Government of the Federal Republic of Germany.

Made in Berlin, at the February 17, 2005, in two originals, each in the Portuguese languages and german, making both texts equally faith.

BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL

Jose Artur Denot Medeiros

Ambassador

Orlando Senna

Secretary of the Audiovisual Office of the Ministry of Culture

BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY

Wilfried Grolig

Director of the Cultural Department of the Ministry of Foreign Affairs

Knut Nevermann

Special Assessor of Minister Extraordinary for Culture

ANNEX AO AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERAL REPUBLIC OF THE

BRAZIL AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY ON

CO-CINEMATOGRAPHIC PRODUCTION

1. The competent authorities for this Agreement are the Office of the Audiovisual Office of the Ministry of Culture in the Federative Republic of Brazil and the Bundesamt für Wirtschaft und Ausfuhrkontrolle-BAFA (Federal Department of Economics and Control of the Exports), in the Federal Republic of Germany. Either Contracting Party may, by diplomatic note, inform the other about a replacement of its competent authority. The substitution will produce effects from the date specified in the note.

2. The approval process, in accordance with Article 3 of this Agreement, will comprise two steps: provisional approval, when the application is submitted, and final approval, when of the termination of the film previously to its distribution.

3. Among the co-producers will be concluded a contract on film co-production, contract this one should

a) predict that a co-producer will only be able to give in to the benefits, referred to in Article 2, that the legislation of your country to reserve its nationals ;

b) regulation among co-producers the allocation of all intellectual property rights arising from the realization of the co-production film and

-contain the understandings between the co-producers with respect to the exercise of access rights to works and use of works protected by copyright, generated when the making of the co-producer film ;

c) establish the financial guarantees of each co-producer in relation to the expenses arising

-of the preparation of a co-production project to which it is refused by the competent authorities to approval as a co-production film,

-from the realization of a film which, although it has been approved, does not fulfil the requirements for the referred to approval,

-from the realization of a co-production film whose public display in one of the co-producing countries does not has been approved ;

d) contain the understandings between the co-producers concerning the division of revenue for exploitation of the co-production film, including those arising from the export markets ;

e) establish the time limits within which the respective contributions of the film's co-producers must be integralized ;

f) specify whether the co-production film will be screened in film festivals as film national of the majority co-producer or as a national film of all co-producer ; and

g) to specify all other conditions of approval that the competent authorities agree to jointly.