Through Which The "agreement Establishing The Latin American Film Common Market", Made In Caracas, Approved On November 11, 1989

Original Language Title: Por medio de la cual se aprueba el "Acuerdo para la Creación del Mercado Común Cinematográfico Latinoamericano", hecho en Caracas, el 11 de noviembre de 1989

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1994 ACT 151

(July 15)

Official Journal No. 41.450., dated July 19, 1994

By means of which the "Agreement for the Creation of the Latin American Film Common Market", made in Caracas, was approved on November 11, 1989.

THE CONGRESS OF COLOMBIA,

Having regard to the text of the "Agreement for the Creation of the Latin American Film Common Market", made in Caracas, on November 11, 1989.

AGREEMENT FOR MARKET CREATION

LATIN AMERICAN FILM COMMON

Signatory States to this Agreement, Members of the Ibero-American Film Integration Convention;

Aware that film activity should contribute to the cultural development of the region and its identity;

Convinced of the need to promote the film and audiovisual development of the region and in a special way that of those countries with insufficient infrastructure;

For the purpose of contributing to the effective development of the film community in the Member States,

You have agreed to the following:

ARTICLE 1o. The Latin American Film Market will aim to establish a multilateral system for the participation of exhibition spaces for cinematographic works certified as (a) nationals of the States signatory to this Agreement, with the aim of extending the market opportunities of these countries and of protecting the links of cultural unity between the peoples of Latin America and the Caribbean.

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ARTICLE 2o. For the purposes of this Agreement, it is considered to be a film work of a governed audiovisual character ... produced and disseminated by any system, .... technology.

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ARTICLE 3o. The Parties shall endeavour to introduce in their domestic legal order provisions to ensure compliance with the provisions of this Agreement.

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ARTICLE 4. Each Member State of this Agreement shall be entitled to an annual participation of four (4) national cinematographic works of not less than the seventy (70) minutes of the present Agreement. Latin American Film Market, which will be able to vary from one country to another. Upon review of the functioning of the Agreement by the Member States, such participation may be extended by common agreement among its members. The foregoing does not contravene the possibility that Member States may subscribe to bilateral agreements for participation greater than those provided for in this Agreement.

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ARTICLE 5o. The cinematography authorities of each producer country, will be able to establish mechanisms for the concurrency of their cinematographic works in the Latin American Film Market.

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ARTICLE 6o. In case of prior selection by the Film Authority of the producing country, the display country may request changes from the list of selected cinematographic works.

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ARTICLE 7o. The film authority of each exhibiting country, will notify the Executive Secretariat of the Ibero-American Cinematography (SECI) annually of the list of the countries ' cinematographic works. producers who have been granted the benefits of national cinematographic works.

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ARTICLE 8. It is understood that the cinematographic works participating in the Latin American Film Market will be considered in each Member State as national for the purposes of their distribution. and exhibit by any means and, consequently, will enjoy the greatest benefits and all the rights in terms of exhibition spaces, screen quotas, exhibition fees, distribution quotas and other prerogatives that confide the national laws of each Member State except incentives granted by the governments to national films.

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ARTICLE 9o. This Agreement shall be subject to ratification. It shall enter into force when at least three (3) of the signatory States have deposited with the Executive Secretariat of the Ibero-American Cinematography (SECI) the Instrument of Ratification.

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ARTICLE 10. This Agreement shall be open to the accession of the Ibero-American States that are Parties to the Ibero-American Film Integration Convention. Accession shall be effected by the deposit of the respective instrument with the SECI.

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ARTICLE 11. Any Party may at any time denounce this Agreement by written notification addressed to the SECI.

The complaint shall take effect for the interested party one (1) year after the date on which the notification was received by the SECI.  

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ARTICLE 12. The doubts or controversies that may arise in the interpretation or execution of this Agreement between two or more countries shall be resolved in the field of the SECI.

In faith of which, the undersigned, duly

authorized to do so, subscribe to this Agreement.

Made in Caracas, at eleven days of the month of

November of a thousand nine hundred and eighty-nine.

It is authentic,

By the Republic of Argentina,

OCTAVIO GETINO.

Director of the National Film Institute.

By the Republic of Cuba,

JULIO GARCÍA ESPINOZA.

President of the Cuban Art Institute

and the Film Industry.

By the Republic of Ecuador

FRANCISCO HUERTA MONTALVO.

Ambassador Extraordinary and Plenipotentiary.

By the United Mexican States,

ALEJANDRO SOBARZO LOAIZA.

Ambassador Extraordinary and Plenipotentiary

By the Republic of Nicaragua,

ORLANDO CASTILLO ESTRADA.

Director General of the Institute

Nicaragua de Cine (Incine).

By the Republic of Panama,

FERNANDO MARTINEZ.

Director of the Film Department of the University of Panama.

By the Republic of Peru,

BESACCIA SOURCE ELVIRA.

Director General of Social Communication

of the National Institute of Social Communication.

By the Republic of Venezuela,

IMELDA CISNEROS.

In charge of the Ministry of Public Works.

By the Dominican Republic,

PABLO GUIDICELLI VELASQUEZ.

Ambassador Extraordinary and Plenipotentiary.

By the Federative Republic of Brazil,

RENATO PRIADO GUIMARAES.

Ambassador Extraordinary and Plenipotentiary ".

Country Box office Income tax on No. of Screens No. of Spectators Taxes (%) Head Office (%) 12/91 All films-1991

(Est. Millions)

Argentina 10 18 410 14

Brazil 10 25 1,570 95

Chile 18 20 Est. 150 10.5

Colombia 29.58 (1) 18% Income Tax Est. 488 26

12% Remittance Tax

Mexico 16-28% 15 1,769 170.8

Panama + C.A. 0 (2) 6 (2) 137 12.54

Peru 10 9% on incorporated 215 7.8

Cos. (3)

Uruguay 10.3 12 67 1.1

Punta del Este

Venezuela 10 Scale 15 -50%

Municipal 6.66 on 25% Gross 309 30

Film Fund Income

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(1) Consists Benefit Tax (7.04%), Colsports Tax (7.04%)

Public Show Tax (7.04%) and VAT (8.46%).

(2) Panama only.

(3) Companies ' head Offices that operate through subsidiaries are subject to a tax of 15.4% on an assured net profit, equal to the 20% of the local gross receipts, less the corporate tax paid by the local company.

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Executive Branch of the Public Power-Presidency of the Republic

Santafe de Bogota, D.C.

Approved. Submit to the honorable consideration

National Congress for Constitutional Effects.

CESAR GAVIRIA TRUJILLO

The Foreign Minister,

NOEMI SANIN DE RUBIO.

DECRETA:

ARTICLE 1A. Approve the "Agreement for the Creation of the Latin American Film Common Market", made in Caracas on November 11, 1989.

ARTICLE 2A. Pursuant to article 1o. of Law 7a. In 1944, the "Agreement for the Creation of the Latin American Film Market", made in Caracas on November 11, 1989, which is approved by the first article of this Law, will force the country from the date on which the link is perfected. International relations with the United Nations

ARTICLE 3A. This law governs from the date of its publication.

The President of the honorable Senate of the Republic

JORGE RAMON ELIAS NADER.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

JOSE JATTIN SAFAR.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Contact, publish, and execute,

Prior to your review by the Court

Constitutional, in accordance with the provisions

in article 241-10 of the Political Constitution.

Dada en Santafe de Bogota D.C., a 15 de july de 1994.

CESAR GAVIRIA TRUJILLO

The Foreign Minister,

NOEMI SANIN DE RUBIO.

The Deputy Minister of Finance and Public Credit,

in charge of the Dispatch functions

from the Minister of Finance and Public Credit,

HECTOR JOSE CHAIN PIN.

The Minister of Communications,

WILLIAN JARAMILLO GOMEZ

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