ACT 155 OF 1994

(July 25)

Official Journal No. 41,461, July 27, 1994

By means of which the Latin American Film Coproduction Agreement, signed in Caracas on November 11, is approved.

THE CONGRESS OF COLOMBIA,

Having regard to the text of the Latin American Film Coproduction Agreement, signed in Caracas on November 11, 1989, which reads:

"Ibero-American Film Coproduction Agreement"

The States Parties 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 parties understand by "coproduction cinematographic works" to those made in any medium and format, of any duration, by two or more producers of two or more countries Members of the present an agreement on the basis of a co-production contract stipulated for the purpose in accordance with the provisions of this Agreement between the Co-producing Companies and duly registered with the competent authorities of each country.

ARTICLE 2o. For the purposes of the Present Agreement, it is considered to be a cinematographic work of an audiovisual character, recorded, produced and disseminated by any system, process or technology.

ARTICLE 3o. 2 of Law 1262 of 2008. The new text is as follows: > cinematographic works carried out in coproduction in accordance with the provisions of this Agreement shall be considered as national by the competent authorities of each co-producer country and shall enjoy full rights of the tax advantages and incentives that are applicable to the film industry, which are in force or could be enacted in each country. These tax advantages and incentives will be granted only to the producer in the country that grants them.

Without prejudice to the foregoing, this Agreement shall not affect any other aspect of the tax legislation of the signatory States or the conventions to prevent double taxation between signatory States.

ARTICLE 4. To enjoy the benefits of this Agreement, co-producers shall comply with the requirements set out in the Rules of Procedure, as set out in Annex "A" to this Agreement and which are considered as part of it.

ARTICLE 5o. 3 of Law 1262 of 2008. The new text is as follows: > 1. In the co-production of cinematographic works the proportion of the respective contributions of each of the co-producers may vary from twenty (20) to eighty percent (80%) per film.

2. The cinematographic works carried out under this Agreement may not be more than thirty per cent (30%) of non-member countries and the majority co-producer must necessarily be one of the member countries.

For a non-member country co-producer of the Agreement, the participation of the member countries shall not be less than 10% (10%), and the largest share shall not exceed 70% (70%) of the total cost of production.

According to the regulation to be prepared by the CACI for this purpose, the SECI will examine the conditions of admission of these cinematographic works on a case-by-case basis.

3. In the case of multilateral co-productions in which one or more co-producers cooperate in artistic and technical cooperation while the other or others are only financially involved, the percentage of participation of the latter or the latter may not be less than 10%. (10%), not more than 25% (25%) of the total cost of production.

4. The contributions of the minority co-producers should include an effective technical and artistic participation. The contribution of each co-producer country in creative personnel, in technicians and in actors, should be proportional to its investment. Exceptionally, the competent authorities of each Member State may accept erogations.

5. The contribution of each country shall include at least one element considered as creative, an actor or actress in the lead role, an actor or actress in secondary role and a qualified technician. The lead actor or actress may be replaced by two qualified technicians.

It is understood by creative personnel to the people who have the quality of author (authors, writers or adaptors, directors, composers) as well as the chief assembler, the director of photography, the artistic director and the head of sound. The contribution of each of these creative elements will be considered individually.

ARTICLE 6o. Parties commit to:

(a) that the cinematographic works in coproduction, in accordance with Article I of this Agreement, are carried out with national professionals or residents of the Member States;

b) That the directors of such co-productions are nationals or residents of the Member States or co-producers in Latin America, the Caribbean or other Spanish or Portuguese speaking countries;

c) That the director be the ultimate artistic and creative authority in coproduction;

d) That the co-productions made under this Agreement respect the cultural identity of each co-producer country spoken in any language of the region.

ARTICLE 7o.

1. The disclosure of the negative in the post-production processes shall be carried out in any of the Member States or co-producers. Exceptionally, and subject to the agreement of the co-producers, it may be carried out in other countries.

2. The printing or reproduction of copies shall be carried out in compliance with the laws in force in each country.

3 Each co-producer will be entitled to the required repos, duplicates and copies.

4. The majority co-producer shall be in charge of the custody of the original image and sound, unless the co-production contract specifies other modalities.

5. Any other method or duplicate, duplicate and copy referred to in this Article may be carried out by any existing method.

6. When co-production takes place between countries of different languages, the versions that the co-producers agree to in accordance with the current legislation of each country will exist.

ARTICLE 8o. In principle, each co-producer country will reserve the profits of the holding in its own territory. Any other contractual arrangements shall require the prior approval of the competent authorities of each co-producer country.

ARTICLE 9o. In the contract referred to in Article I, the conditions relating to the distribution of the markets among the co-producers, marketing, areas, liabilities, expenses, commissions, revenue and any other conditions deemed necessary.

ARTICLE 10. It will be promoted with particular interest to perform cinematographic works of special artistic and cultural value between companies producing the Member States of this Agreement.

ARTICLE 11.

1. The credits or titles of cinematographic works carried out under this Agreement shall indicate, in a separate table, the co-production character of the same and the name of the participating countries.

2. Unless the co-producers decide otherwise, the cinematographic works made in co-production shall be presented at the International Festivals by the country of the majority co-producer or, in the case of equal financial interests, by the country of the co-producer of which the director is resident.

3. Awards, grants, incentives and other economic benefits that are granted to cinematographic works may be shared among the co-producers, in accordance with the co-production contract and the current legislation. in each country.

4. Any prize other than cash, i.e. an honorary or a trophy awarded by third countries for cinematographic works carried out in accordance with the rules laid down by this Agreement, shall be kept in storage by the majority co-producer, or as set by the coproduction contract.

ARTICLE 12. In the event that a cinematographic work performed in co-production is exported to a country in which the imports of cinematographic works are subject to quotas or quotas:

(a) The cinematographic work shall be imputed in principle, to the quota or quota of the country whose participation is majority;

(b) In the case of cinematographic works involving equal participation among the countries, the cinematographic work shall be imputed to the quota or quota of the country with the best export possibilities;

(c) In case of difficulties, the cinematographic work shall be imputed to the quota or quota of the co-producer country of which the director is resident;

(d) If one of the co-producing countries has the free entry of its cinematographic works in the importing country, those made in coproduction, will be presented as national by that co-producer country to enjoy the corresponding benefit.

ARTICLE 13. The parties shall grant facilities for the circulation and permanence of the artistic and technical personnel involved in the cinematographic works carried out in coproduction, in accordance with the Present Agreement. Also, facilities for the temporary importation and export in the co-producing countries of the material necessary for the production of the coproductions will be granted, according to the regulations in force in each country.

ARTICLE 14.

1. The transfer of foreign exchange generated by the performance of the co-production contract shall be carried out in accordance with the legislation in force in each country.

2. In addition to the specification of payment modes and income distributions, any system of use or exchange of services, materials and products may be agreed, regardless of the convenience of the co-producers.

ARTICLE 15. 4 of Law 1262 of 2008. The new text is as follows: > By way of derogation from the foregoing provisions of this Agreement, bipartite co-productions of films may be admitted, which meet the following conditions:

1. Having a recognised technical quality and artistic value; these characteristics must be verified by the competent authorities.

2. Be of a cost equal to the amount determined by the film authorities of each country at the time.

3. To accept a minority shareholding which may be limited to the financial sphere, under the co-production contract, without being less than 10% (10%), and not more than 25% (25%). Exceptionally, the competent authorities may approve percentages of financial participation in excess of that indicated.

4. To meet the conditions laid down for the granting of nationality by the current legislation of the majority country.

5. Include in the co-production contract provisions relating to the distribution of revenue.

The benefit of bipartite co-production shall be granted only to each of these works after authorisation, on a case-by-case basis, by the competent authorities.

In these cases, the benefit of the co-production will only be effective, in the country of which the minority co-producer is originating, when a new film, of majority participation of that country, has been admitted by the competent authorities. for the benefit of co-production under the terms of this Agreement.

The financial contributions made by one party and another must be, in all such films, globally balanced within four (4) years.

ARTICLE 16. The competent authorities of the co-producing countries shall communicate the technical and financial information relating to the co-productions made under this Agreement.

ARTICLE 17. This Agreement shall be subject to ratification. It shall enter into force if at least three (3) of the signatory States have deposited with the Executive Secretariat of the Ibero-American Cinematography (SECI) the Instrument of Ratification.

ARTICLE 18. This Agreement shall be open to the accession of the Ibero-American States which are a party to the Ibero-American Film Integration Convention. Accession shall be effected by the deposit of the respective instrument with the SECI.

ARTICLE 19. Each party may at any time denounce this Convention by written notification to the SECI.

This complaint will take effect for the interested party one (1) year after the date on which the notification was received by the SECI and prior to the fulfilment of the obligations under this Agreement by the complainant country.

ARTICLE 20. The Executive Secretariat of Ibero-American Cinematography (SECI) will be responsible for ensuring the implementation of this Agreement, examining the doubts and controversies arising from its application and mediate in case of conflict.

ARTICLE 21. At the will of one or more of the Member States, modifications may be proposed to this Agreement, through the SECI, to be considered by the Conference of Film Authorities of Ibero-America (CACI) and approved by the diplomatic route.

In faith of which, the undersigned,

duly authorized to do so,

subscribe to this Agreement.

Made in Caracas, Venezuela, at eleven days of the month

November of a thousand nine hundred and eighty-nine.

By the Republic of Argentina,

The Director of the National Film Institute,

OCTAVIO GETINO.

By the Republic of Colombia,

The Minister of Communications,

ENRIQUE DANIES NOOKS.

By the Republic of Cuba,

The President of the Cuban Art Institute

and the Film Industry,

JULIO GARCIA ESPINOSA.

By the Republic of Ecuador,

Ambassador Extraordinary and Plenipotentiary,

FRANCISCO HUERTAS MONTALVO.

By the United Mexican States,

Ambassador Extraordinary and Plenipotentiary,

ALEJANDRO SOBARZO LOAIZA.

By the Republic of Nicaragua,

The Director General of the Institute

Nicaraguan Cinema (INCINE)

ORLANDO CASTILLO ESTRADA.

By the Republic of Panama,

The Director of the Film Department

from the University of Panama,

FERNANDO MARTINEZ.

By the Republic of Peru,

The Director General of Social Communication

of the National Institute of Social Communication,

BESACCIA BRIDGE ELVIRA.

By the Republic of Venezuela,

The Charge of the Ministry of Development,

IMELDA CISNEROS.

By the Dominican Republic,

Ambassador Extraordinary and Plenipotentiary,

PABLO GUIDICELLI VELAZQUEZ.

By the Federative Republic of Brazil,

Ambassador Extraordinary and Plenipotentiary,

RENATO PRIADO GUIMARAES.

ANNEX "A"

PROCEDURE RULES FOR THE EXECUTION OF THE

FILM COPRODUCTION

For the application of the Ibero-American Film Coproduction Agreement, the following rules are established:

1. Applications for admission of film co-production under this Agreement, as well as the relevant co-production contract, shall be lodged with the competent authorities of the co-producing countries prior to the start of the production of the work. film. A copy of these documents shall be deposited with the SECI.

2. Such applications for admission of film co-production shall be accompanied by the following documentation in the language of the country concerned:

2.1 The documents certifying the legal ownership by the co-producers of the rights of the author of the work to be carried out, whether this is an original story or an adaptation.

2.2. The cinematic script.

2.3. The co-production contract, which you must specify:

a) The title of the project;

b) The name of the scriptwriters, their nationality and residence;

(c) The name of the director, his nationality and residence;

(d) The name of the protagonists, their nationality and residence;

e) Budget by items in the currency to be determined by co-producers;

f) The amount, characteristics, and origin of each co-producer's contributions;

g) The distribution and characteristics of the collections and the distribution of the markets.

h) The indication of the probable date for the beginning of the filming of the cinematographic work and its completion.

3. The substitution of co-producer for reasons recognised as valid by other co-producers shall be notified to the film authorities of the producer countries and to the SECI.

4. The amendments made to the original contract may be notified to the competent authorities of each co-producer country and to the SECI.

5. Once the co-production has been completed the respective government authorities will proceed to the verification of the documents, in order to verify the fulfilment of the conditions of this Agreement, of the corresponding Regulations and of the contract The respective authorities will proceed to grant the Certificate of Nationality.

THE SUBSCRIBED SUBSECRETARIAT OF THE

FOREIGN MINISTRY

NOTES:

That the present reproduction is a faithful photocopy and integral part of the certified text of the "Latin American Agreement of Film Coproduction", signed in Caracas Venezuela on November 11, 1989, which is based on the archives of the Subsecretariat Legal status of this Ministry. Given in Santafe of Bogota to nine (9) days of the month of March of a thousand nine hundred and ninety-two (1992).

The Legal Sub-secretariat,

CLARA INES VARGAS DE LOSADA.

Executive Branch of the Public Power, Presidency of the Republic,

Santafe de Bogota, D.C., April 3, 1992.

Approved, subject to consideration by the

honorable National Congress for the

Constitutional Effects.

The Foreign Minister,

NOEMI SANIN DE RUBIO.

(Fdo.) CESAR GAVIRIA TRUJILLO.

DECRETA:

ARTICLE 1 A. Approve the Latin American Agreement on Film Coproduction, signed in Caracas on November 11, 1989.

ARTICLE 2 A. In accordance with the provisions of Article 1. of Law 7a. of 1944, the Latin American Agreement on Film Coproduction, signed in Caracas on 11 November 1989, as provided for in Article 1. of this Law is approved, will force the country from the date the international link is perfected.

ARTICLE 3 A. 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.

Upon review by the Constitutional Court,

as provided for in article 241-10

of the Political Constitution.

Dada en Santafe de Bogota, D.C., at 25 July 1994.

CESAR GAVIRIA TRUJILLO.

The Foreign Minister,

NOEMI SANIN DE RUBIO.

The Minister of Communications,

WILLIAM JARAMILLO GOMEZ.

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